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Through our Site, you (the terms “you”, “your”, and “yours” refers to any and all Users) are provided with access to our Platform and related data, content, documentation and information in connection with our Services, all subject to the terms of this Agreement.</p></div></div></div><section class="section_terms-content"><div class="padding-global"><div class="container-large"><div class="padding-section-small"><div class="privacy-18">PLEASE CAREFULLY READ THIS AGREEMENT BEFORE USING THE SITE AND/OR SERVICES. BY VISITING AND PROVIDING INFORMATION TO US THROUGH THE SITE AND/OR ALLOWING US TO USE YOUR INFORMATION TO REGISTER YOUR ACCOUNT THROUGH THE SERVICES, ACCESSING OR USING ANY PART OF THE SITE OR THE SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY:<br/><br/>- THE TERMS AND CONDITIONS OF THIS AGREEMENT;<br/>- Million Dollar Sellers’ PRIVACY POLICY, WHICH CAN BE FOUND AT <a href="/privacy-policy" target="_blank" class="link-43">HTTPS://WWW.MILLIONDOLLARSELLERS.COM/PRIVACY-POLICY</a> (THE “PRIVACY POLICY”); AND<br/>- IF APPLICABLE, THE CREATOR AGREEMENT AND/OR THE BRAND AGREEMENT.<br/><br/>IF YOU DO NOT AGREE TO THE TERMS OF THE MILLION DOLLAR SELLERS AGREEMENTS, YOU DO NOT HAVE OUR AUTHORIZATION TO USE ANY OF THE SERVICES AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SITE.</div><div class="privacy-18">We may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement or notifying you. You agree to review this Agreement periodically to ensure that you are aware of any modifications, and you agree that your continued access or use of the Site and/or Services shall be deemed your conclusive acceptance of the modified Agreement.</div><div class="padding-bottom padding-medium"></div><div class="padding-bottom padding-large"></div><div class="div-block-348"><h2 class="privacy-h2">Definitions.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">“Accepted Brand” means the Brand that posts a Brand’s Request through the Platform which becomes an Accepted Request.<br/><br/>“Accepted Request” means a Brands’ Request posted through the Platform that is accepted by a Creator and pursuant to which the Accepted Brand will pay Creator for Creator’s Content.<br/><br/>“Account” means an account created by you through our Site in order to register for the use of our Services.<br/><br/>“Affiliates” means Million Dollar Sellers’ officers, directors, employees, contractors, agents, information providers and suppliers.<br/><br/>“Agreement” means this Terms of Services agreement.<br/><br/>“Brand” means a Person that manufactures, creates or develops specific Product(s) under a particular name.<br/><br/>“Brand Agreement” means the terms and conditions set forth in Section 3.4.1 of this Agreement as applicable to all Users who use the Services as a Brand Representative.<br/><br/>“Brand Complaints” means a Brand’s inquiries, questions, concerns, complaints and/or comments regarding Creator’s Content.<br/><br/>“Brand’s Marks” means a Brand’s trademarks, service marks, logos, name, branding, likeness and equivalent identifiers.<br/><br/>“Brand Representative” means a User who represents a specific Brand.<br/><br/>“Brands’ Request” means an offer and proposal posted through the Services by a Brand for specific Creator’s Content setting out the basis of what is required for each Project, including pricing and payment, type of content required, deadlines for such Project and the time period of such Project. Such offer and proposal may include Social Media Requests if required by a Brand.<br/><br/>“Compensation” means any type of tangible or intangible payment due, including, but not limited to, monetary, royalty fee, service fee, commission, benefit, reward or recognition.<br/><br/>“Content” means the entire contents displayed on the Site.<br/><br/>“Creator” means a User that creates Creator Submitted Content and/or Creator’s Content for an Accepted Brand pursuant to an Accepted Request.<br/><br/>“Creator Agreement” means the terms and conditions set forth in Section 3.4.2 of this Agreement as applicable to all Users who use the Services as a Creator. <br/><br/>“Creator’s Complaints” means a Creator’s inquiries, questions, concerns, complaints and/or comments regarding a Brands’ Request and/or such Brand’s Product. <br/><br/>“Creator’s Content” means any and all content created, designed or developed by a Creator in response to a Brand’s Request and/or an Accepted Request and includes, but is not limited to, all artwork, photographs, drawings, text, media files, Videos and Testimonials related to such Brand and which shall include the Creator’s Intellectual Property Rights specifically and expressly incorporated or included into such Creator’s Content.<br/><br/>“Creator Submitted Content” means any information, photos, Videos, Testimonials, and other content, that a Creator uploads, publishes or displays through the Services or on the Site, but excluding any Creator’s Content purchased by a Brand pursuant to an Accepted Request and any Unpurchased Creator’s Content.<br/><br/>“Damages” means any harm, damage (including, but not limited to damages to property, name or goodwill) or injury, including bodily injury, caused by a User to a Person or to the Company.<br/><br/>“Governmental Authority” means any federal, state, local or foreign government or political subdivision thereof, or any agency or instrumentality of such government or political subdivision, or any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations or orders of such organization or authority have the force of Law), or any arbitrator, court or tribunal of competent jurisdiction.<br/><br/>“Intellectual Property Rights” means any and all present and future, patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world.<br/><br/>“Million Dollar Sellers Agreements” means, collectively, the Agreement, the Privacy Policy, and if applicable, the Creator Agreement and/or Brand Agreement.<br/><br/>“Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, other requirement or rule of law of any Governmental Authority.<br/><br/>“Legal Action” means the bringing or filing of any claim, counterclaim, demand, action, suit, arbitration, inquiry, proceeding or investigation before any federal, state or foreign court or other tribunal, or any investigative or regulatory agency with respect to, as applicable, Brand Complaints, Creator Complaints or User Dispute.<br/><br/>“Material” means any and all materials that you download from the Site including, but not limited to, any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it.<br/><br/>“Platform” means, collectively, our proprietary technology and software accessible through the Site.<br/><br/>“Person” means any individual, corporation, partnership, trust, limited liability company, association or other entity.<br/><br/>“Post” or “posting” shall mean posting, uploading, publishing, sharing or displaying of content.<br/><br/>“Product(s)” means an article, item or good (tangible or intangible), or substance that is manufactured, produced or refined for sale, use or consumption by a Brand or a service that is offered by a Brand.<br/><br/>“Product Misuse” shall mean (a) the failure by Creator, as requested by a Brand, to pay for or return Products provided by such Brand; (b) intentional or negligent misuse of a Brand’s Product which results in damages to such Brand or to a third party; and/or (c) intentional or negligent misrepresentation of a Brand’s Product or the use of or result of such Product.<br/><br/>“Profile Information” means a Creator’s name, picture, image, likeness, Social Media Account handle(s), avatar(s), signature, voice, and biographical information, as incorporated into or referenced or linked in Creator’s Content in their original form or as provided to us in connection with Feedback or Creator Submitted Content.<br/><br/>“Project” means a Brand’s proposed advertising and marketing campaign for a specific Product.<br/><br/>“Prohibited Use” means use of Creator’s Content in a manner that endorses or relates to a Prohibited Request or portrays, depicts, implies, or infers that the Creator or Million Dollar Sellers endorses a Prohibited Request or which use is otherwise objectionable including, but not limited to, use of the Creator’s Content to portray, condone or encourage discriminatory, violent, abusive, obscene, racist, pornographic, harmful, threatening, harassing, tortious, defamatory, vulgar, libelous, or hateful acts or actions.<br/><br/>“Prohibited Request” means any portion of a Brands’ Request which requires, requests, encourages or implies any action or any inaction to be taken by Creator which would violate, or cause other Persons to violate, any applicable Law, including privacy laws, or to intentionally or negligently causes Damages to any other Person or property, or which involves, contains or relates to material or content that is otherwise objectionable including, but not limited to, discriminatory, violent, abusive, obscene, racist, pornographic, harmful, threatening, harassing, tortious, defamatory, vulgar, libelous, or hateful.<br/><br/>“Services” means all services provided by Million Dollar Sellers through the Site and Platform including allowing (a) Creators to (i) post job availability requests through the Platform, (ii) interact with Brand Representatives and Brands, and (iii) create and sell Creator’s Content to Brands in connection with Accepted Requests; and (b) Brands and Brand Representatives to (i) post Brands’ Requests through the Platform, (ii) interact with Creators, and (iii) purchase Creator’s Content.<br/><br/>“Social Media Account” means an account maintained by a User toon a Social Media Platform.<br/><br/>“Social Media Platform” means websites and applications that enable sucha User to create and sharepost content or to participate in social networking including, but not limited to such websites and applications such as Facebook, Instagram and Tik Tok.<br/><br/>“Social Media Post(s)” means posting by a Creator, in connection with an Accepted Request, of Creator’s Content on Creator’s Social Media Account. Any Social Media Post will include and conform with all Social Media Requirements.<br/><br/>“Social Media Request” means a request by a Brand for specific Social Media Posts by a Creator which shall provide in detail all of the Brand’s Social Media Requirements.<br/><br/>“Social Media Requirements” means any and all requirements for a Social Media Post, including, but not limited to, the frequency of any Social Media Post, a detailed description of the specific Creator’s Content required to be posted in any Social Media Post, all Social Media Platforms on which the Social Media Post is to be posted (and specific excluded Social Media Platforms, if any), detailed information regarding the Brand and/or any links to the Brand to be included with a Social Media Post, and specific Brand information, material or content that a Creator cannot post in connection with the Social Media Post.<br/><br/>“Testimonial” means any quote, statement, or declaration made by or attributed to a Creator, in whole or in part, with respect to the use by such Creator of any specific Brand’s Product(s) and may include Creator’s Profile Information.<br/><br/>“Unpurchased Creator’s Content” means any and all content created, designed or developed by a Creator in response to a Brand’s Request, but which is not purchased by the Brand and not made part of an Accepted Request. Such content may include, but is not limited to, all artwork, photographs, drawings, text, media files, Videos and Testimonials related to such Brand and which shall include the Creator’s Intellectual Property Rights specifically and expressly incorporated or included into such Creator’s Content.<br/><br/>“User” means any and all users of the Site and/or Services and includes Creators and Brand Representatives.<br/><br/>“User Dispute” means any and all disputes between the Users referring to, relating to or in connection with a Brand, a Creator, Brand Requests, Accepted Requests, Products, Creator’s Content, Brand Complaints and/or Creator’s Complaints.<br/><br/>“Video” means a recording of moving visual images made digitally or on videotape and includes, but is not limited to, the recording of Product demonstrations and use and unboxing of Products.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Proprietary Rights; Grant of Limited License.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18"><strong>Proprietary Rights.</strong> <br/>The Content has copyrighted protection as a collective work under the laws of the United States and other copyright laws. Million Dollar Sellers is the sole exclusive owner of the Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site. You agree not to use any Million Dollar Sellers logo or any other proprietary graphic or trademark without our express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in Million Dollar Sellers and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.<br/><br/><strong>Grant of Limited License.</strong><br/>Your access to the Services is licensed and not sold. Subject to the terms of this Agreement, and upon registering for your Account, Million Dollar Sellers hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services and the Site. All the Content that is made available to view and/or download in connection with the Site is owned by and is the copyrighted work of Million Dollar Sellers and/or its suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Site and/or the Content. Your use of the Services (including the use of Materials) is governed by the terms of the Million Dollar Sellers Agreements. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and Services, and to block or prevent future access to and use of the Site and Services. You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for you to (a) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media; (b) market, sell or make commercial use of the Site or any Material; (c) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (d) make derivative uses of the Site or the Material; or (e) use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Agreement.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18"><strong>Account.</strong> <br/>If you use this Site and the Services, you are responsible for registering for an Account. You may register for an Account by providing us with the required information as prompted. You agree to (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your “Credit Card”), if applicable; (b) maintain and promptly update your Account to keep it true, accurate, current and complete; (c) review the fees, if any (the “Fees”), to be charged for your use of the Services; (d) authorize Million Dollar Sellers and its affiliates to charge your Credit Card for any and all Fees incurred by you; (e) restrict access to your Account by others; and (f) to accept responsibility for all activities that occur under your Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof) and Services. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your Account that results from theft or misappropriation of your Account. Million Dollar Sellers and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.<br/><br/><strong>User Representations.</strong> <br/>You represent and warrant to Million Dollar Sellers that you (a) will maintain the security of your user identification, password and other confidential information relating to your Account; (b) will maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Site; (c) will maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying us in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) are authorized, or have the permission of the authorized signatory of the Credit Card provided to us, to pay any Fees incurred from the use of the Site and/or the Services through your Account; (e) will comply with the terms as set forth in the Million Dollar Sellers Agreements; (f) will comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Site and Services; (g) are over the age of eighteen (18) and have the power, authority or consent to enter into and perform your obligations under the Agreement; and (h) all information provided by you to us is yours and is truthful, accurate and complete.<br/>You further warrant, represent and agree that you will not use the Site or Services in a manner that (a) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (b) violates any Law; (c) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (d) adversely affects or reflects negatively on Million Dollar Sellers’ goodwill, name or reputation or causes duress, distress or discomfort to Million Dollar Sellers or anyone else, or discourages any Person, firm or enterprise from using all or any portion, feature, or function of the Site, or from advertising, liking or becoming a supplier to use in connection with the Site; (e) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (f) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (g) falsely report to an employee or agent of Million Dollar Sellers; (h) circumvent, disable or otherwise interfere with security-related features of the Site or its features that prevent or restrict use or copying of any content; (i) intercept or attempt to intercept communications of any kind not intended for you; (j) stalk or harass any other User; and/or (k) except as otherwise permitted hereunder, causes the Site to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages.<br/><br/><strong>User’s Restrictions.</strong> <br/>You are not permitted, directly or indirectly, to (a) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Million Dollar Sellers and/or the copyright owner; (b) distribute, display, rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content, in whole or in part; or (c) remove any proprietary notices or labels on the Content. <br/><br/><strong>Use of the Services.<br/><em>‍</em></strong><em>Brand Agreement.</em> In using the Services and Site as a Brand Representative, the terms and conditions of this Section 3.4.1 shall apply to you, and you expressly agree to the terms contained herein.<br/><br/>1. You represent, warrant and agree that:<br/><span>■ you are an authorized representative of the Brand you purport to represent;<br/>■ you are authorized by such Brand to assume or create an obligation or responsibility, express or implied, on behalf of, or in the name of, such Brand and to bind such Brand to the terms of the Million Dollar Sellers Agreement;<br/>■ you shall provide all relevant information regarding a Project in a posted Brand’s Request, including any Social Media Requirements (if applicable), to enable a Creator to make an informed decision as to whether to create Creator’s Content and accept such Brand’s Request;<br/>■ you shall ensure that you have and will maintain all necessary licenses, consents and permissions necessary for you to use the Platform, conduct Projects, and engage Creators;<br/>■ each Project, Brand’s Request, your Brand’s Marks and your Brand’s Product does not infringe the rights of any other Person and complies with all applicable Laws, including without limitation all applicable advertising standards and regulations concerning sponsored or advertorial content;<br/>■ in posting a Brand’s Request, you grant Creators a limited royalty-free, non-exclusive, non-transferable and irrevocable right to use and incorporate your Brand’s Marks into any Creator’s Content created in response to the Brand’s Request and/or an Accepted Request;<br/>■ all information, terms and conditions provided by you in a Brand’s Request, including the terms of a Project, shall be truthful, complete and accurate;<br/>■ you shall comply with all payment terms set forth in the “Fee” section of this Agreement;<br/>■ you will not use any part of the Site and/or Services to harass, stalk, invade the privacy of or otherwise cause any type of Damage to any other User;<br/>■ you will not directly contact, solicit or engage any Creator that is learned of, introduced to or made available to you through the Services for fulfillment of a Brand’s Request outside of the Services, Site or Platform or otherwise use information of Creators provided by us to circumvent the engagement of Creators through the Site and Platform;<br/>■ you shall not copy, scrape or download any Content, or copy, scrape or disclose any portion of the Platform, including through the use of any engine, software, tool, agent, device, or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools, or the like);you shall not include any Prohibited Request in a Brand’s Request, including in a Social Media Request, or otherwise through your use of the Site or Services;<br/>■ you shall not use Creator’s Content provided to you by such Creator for any other purposes except as set forth in a Brands’ Request;<br/>■ you may use, alter, modify or revise any Creator’s Content (the “Modified Content”) that you purchase in connection with an Accepted Request provided that you may not use, in any manner, such Modified Content in connection with a Prohibited Use;<br/>■ any such Creator’s Content provided to you in connection with an Accepted Request shall at all times credit such Creator and link or reference, if applicable, the Creator’s Profile Information as provided by Creator;<br/>■ you will not disclose to any other User or to us any information which you deem is confidential or proprietary of your Brand or which is subject to confidentiality provisions;<br/>■ you will be responsible to monitor any requested Creator Social Media Posts to ensure that such posts comply with all applicable rules, laws and regulations, including, but not limited to laws promulgated by the Federal Trade Commission and policies and regulations of any Social Media Platform on which a Social Media Posts is posted (collectively, the “Social Media Regulations”);<br/>■ you will be responsible for and are liable for any violation of Social Media Regulations in connection with your requested Creator Social Media Posts and Million Dollar Sellers and our Affiliates will in no event be responsible or liable to you for any and all costs incurred by you in connection with your violation of Social Media Regulations;<br/>■ any and all User Disputes will be addressed directly to Million Dollar Sellers and not to such Creator; <br/>■ if we determine that you are at fault as a result of a Creator’s Complaint or User Disputer, you will take any and all actions as determined by Million Dollar Sellers to resolve such Creator’s Complaint or User Disputer;<br/>■ you are solely responsible for any Damages you, your Brand, your Product(s) or the Brands’ Request cause to any other User, Person or property; <br/>■ you will promptly respond to all any requests we may have and will promptly provide us with any requested documents, materials or other information related to any Creator’s Complaints; and<br/>■ Million Dollar Sellers and our Affiliates will in no event be responsible or liable to you for any and all costs incurred by you in connection with your Brand’s Complaints or any User Dispute.</span><br/><br/>2. You further represent, warrant and agree that (i) you will fund your Account and at all times maintain a positive cash balance in your Account to fully cover all expenses and costs related to your posted Brands’ Request; (ii) while you may decline to hire a Creator for any specific Brands’ Request, once you agree to engage a Creator and your Brands’ Request becomes an Accepted Request, you authorize Million Dollar Sellers to timely and fully pay such Creator from your Account for any Creator’s Content that you accept and use based on your Brands’ Request; and (iii) you may not change the pricing or fee of your Brands’ Request once it becomes an Accepted Request unless the Creator expressly agrees to any such change in writing (email sufficing).<br/><br/>3. If an Accepted Request includes a Social Media Request, you understand and agree that you are responsible for providing Creator all required information to ensure that all of Creator’s Social Media Posts comply with Social Media Regulations. For example, you will require that each Social Media Post includes such items to clearly, unambiguously and conspicuously disclose the Creator’s relationship as a paid endorser of your Brand, including, but not limited to using advertising and marketing hashtags such as “#ad” or “#sponsor” in each Social Media Post and adding in the following phrase as a sub-header to a Social Media Post “Paid Partnership with [the name of your Brand]…” You understand and agree that the preceding sentence is provided strictly for illustrative purposes only and Million Dollar Sellers is not making any representations or warranties that any example provided herein will adequately and fully comply with Social Media Regulations.<br/><br/>4. Unless and until payment is made in full to a Creator for such Creator’s Content, you understand and agree that you will not receive a right to use such Creator’s Content in any manner. Upon full payment for the Creator’s Content, all rights to such Creator’s Content shall be transferred by Creator to you; provided, however, that, subject to your express written consent, you grant Creator a perpetual, royalty-free, non-exclusive, irrevocable, worldwide license to use or publish such Creator’s Content for personal portfolio use only, including marketing of Creator’s services to other Users.<br/><br/>5. You agree and hereby grant to Million Dollar Sellers a perpetual, royalty-free, non-exclusive, non-transferable, irrevocable, worldwide license to use your Brand’s Marks incorporated in any Unpurchased Creator’s Content, solely for use and with respect to the marketing, promotion and advertising of the Services, the Site and the Platform; provided, however, that Million Dollar Sellers may not use your Brand’s Marks for any other purposes except stated herein, including in a way that suggests your Brand endorses Million Dollar Sellers or is associated with us in anything other than a customer relationship.<br/><br/>6. You agree to indemnify us and keep us indemnified against all and any expenses, losses, liabilities, Damages, costs (including reasonable legal costs) incurred or suffered by us in relation to any claims or proceedings, which arise in any way from (i) your use of the Platform, the Site and/or the Services; (ii) any breach by you of the terms of this Agreement, including any breach of your representations in this Section 3.4.1; (iii) any use of the Platform, the Site or the Services by anyone using your Account; or (iv) any claim made by a Creator concerning your interaction with them, your Brands’ Request and/or your Product(s). <br/><br/>7. This Section 3.4.1 shall survive termination of the Agreement.<br/><br/><em>Creator Agreement.</em> <br/>In using the Services and Site as a Creator, the Platform allows you to submit Creator’s Content and/or accept Brands’ Requests to create and sell your Creator’s Content to Brands, the terms and conditions of this Section 3.4.2 shall apply to you, and you expressly agree to the terms contained herein.<br/><br/>1. You represent, warrant and agree that:<br/>■ except for any applicable licenses, waivers or consents required to be obtained by you with respect to your Creator’s Content, all of your Creator’s Content is of your own original work and does not infringe, misappropriate or violate the Intellectual Property Rights, proprietary rights or privacy rights of any third party;<br/>■ for all Accepted Requests, you will comply with all terms and conditions set forth in such Accepted Request, including compliance with all Social Media Requirements if applicable, with due care, skill and ability, except for any portion of an Accepted Request which encourages, implies or directs you to take any Prohibited Request;<br/>■ you will report any such Prohibited Request to us immediately;<br/>■ you have the necessary skills and knowledge to create the required Creator’s Content in connection with each Accepted Request;<br/>■ you have the legal capacity to accept such Brands’ Request and provide Creator’s Content in response to an Accepted Request and that by doing so you will not be in breach of any obligation to or right of a third party;<br/>■ you shall comply with all payment terms set forth in the “Fee” section of this Agreement;<br/>■ you will not use any part of the Site and/or Services to harass, stalk, invade the privacy of or otherwise cause any type of Damage to any other User;<br/>■ you will not directly contact, solicit or accept the engagement of any Brand that is learned of, introduced to or made available to you through the Services for fulfillment of a Brand’s Request outside of the Services, Site or Platform or otherwise use information of Brands provided by us to circumvent your engagement by a Brand through the Site and Platform;<br/>■ you will not copy, scrape or download any Content or copy, scrape or disclose any portion of the Platform, including through the use of any engine, software, tool, agent, device, or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools, or the like);<br/>■ you shall not use any information in a Brands’ Request or Accepted Request for any other purposes except as set forth in this Agreement;<br/>■ you will not disclose to any other User or to us any information which is confidential or proprietary to you or of a Brand that is provided to you in connection with an Accepted Request or which is subject to confidentiality provisions;<br/>■ you will be responsible for complying, and will comply, with all Social Media Regulations in connection with the posting of your Social Media Posts (as applicable);<br/>■ you will be responsible for and are liable for any violation of Social Media Regulations in connection with your Social Media Posts and Million Dollar Sellers and our Affiliates will in no event be responsible or liable to you for any and all costs incurred by you in connection with your violation of Social Media Regulations;<br/>■ you will promptly notify Million Dollar Sellers and address any and all Creator Complaints directly to Million Dollar Sellers for resolution and not to such Brand Representative and/or the Brand;<br/>■ any and all User Disputes will be addressed directly to Million Dollar Sellers and not to such Brand Representative and/or the Brand; <br/>■ if we determine that you are at fault as a result of a Brand’s Complaint or User Disputer, you will take any and all actions as determined by Million Dollar Sellers to resolve such Brand’s Complaint or User Disputer;<br/>■ you are solely responsible for any Damages you or your Creator’s Content or Creator Submitted Content causes to any other User, Person or property; <br/>■ you will promptly respond to any requests we may have and will promptly provide us with any requested documents, materials or other information related to any; and<br/>■ Million Dollar Sellers and our Affiliates will in no event be responsible or liable to you for any and all costs incurred by you in connection with your Creator’s Complaints or any User Dispute.<br/><br/>2. You further represent, warrant and agree that (i) you will provide us with correct and accurate information regarding your ACH, Paypal or Venmo account (your “Payment Account”) in order for us to pay you on behalf of a Brand in connection with your Accepted Request; and (ii) you will keep all such Payment Account information up to date and accurate and understand that in no event will we be liable or responsible to you for non-payment of any fees due to you by a Brand.<br/> <br/>3. If an Accepted Request includes a Social Media Request, you understand and agree that you are responsible for reviewing all Social Media Regulations, including the specific policies of a Social Media Platform on which you post a Social Media Post, to ensure that all of your Social Media Posts comply with applicable Social Media Regulations. For example, in each of your Social Media Post you will include such items to clearly, unambiguously and conspicuously disclose your relationship as a paid endorser of the Accepted Brand, including, but not limited to using advertising and marketing hashtags such as “#ad” or “#sponsor” in each Social Media Post and adding in the following phrase as a sub-header to a Social Media Post “Paid Partnership with [the name of Accepted Brand]…” You understand and agree that the preceding sentence is provided strictly for illustrative purposes only and Million Dollar Sellers is not making any representations or warranties that any example provided herein will adequately and fully comply with Social Media Regulations.<br/>‍<br/>4. You hereby grant to the Accepted Brand an irrevocable royalty-free license to use and exploit your Creator’s Content for any purpose except as limited by the terms of this Agreement. Unless and until payment is made in full to you your Creator’s Content, you understand and agree that you will retain all rights to such Creator’s Content created in connection with an Accepted Request. Upon full payment for your Creator’s Content, all rights to such Creator’s Content shall be transferred by you to the Brand; provided, however, that, subject to a Brand’s express written consent, the Brand may grant you a perpetual, royalty-free, non-exclusive, irrevocable, worldwide license to use or publish such Creator’s Content for personal portfolio use only, including marketing of your services to other Users. You understand that you will have no right, interest or title to any Intellectual Property Rights provided by the Brand which shall remain the property of the Brand.<br/><br/>5. You hereby grant to Million Dollar Sellers a perpetual, royalty-free, non-exclusive, non-transferable, irrevocable, worldwide license to use Unpurchased Creator’s Content, solely with respect to the marketing, promotion and advertising of the Services, the Site and the Platform.<br/><br/>6. In posting any Creator Submitted Content, you expressly agree, represent and understand that:<br/>■ You are solely responsible for any and all Creator Submitted Content you post on the Site;<br/>■ You have obtained all necessary and applicable licenses, waivers or consents required to be obtained by you with respect to your Creator Submitted Content and such Creator Submitted Content is of your own original work and does not infringe, misappropriate or violate the Intellectual Property Rights, proprietary rights or privacy rights of any third party;<br/>■ The Site is available to the public and, therefore, any information you consider confidential should not be posted on the Site and, except as described herein, any communication which you post on any public area of the Site is considered to be non-confidential;<br/>■ We may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any Creator Submitted Content posting by you;<br/>■ We cannot and do not screen content provided by you to the Site or through the Services. Notwithstanding the foregoing, we reserve the right to monitor and approve content on the Site and to remove content, which we, in our sole discretion, determine to be harmful, offensive, or otherwise in violation of the Million Dollar Sellers’ Agreement or our operating policies for Users;<br/>■ You automatically grant to Million Dollar Sellers and to all Users a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display (collectively, “Reproduction”) any Creator Submitted Content, materials or other information (including without limitation, ideas contained therein) you post;<br/>■ You automatically grant to Million Dollar Sellers a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your Creator Submitted Consent for commercial purposes, including the sale and resale of the Creator Submitted Consent; provided, however, that upon the sale of such Creator Submitted Consent, Million Dollar Sellers shall pay you a fee as set forth in your Account;<br/>■ You may remove any Creator Submitted Content you post from the Site at any time, but such removal does not terminate the license granted to us or to Users as set forth herein;<br/>■ Your Profile Information may be associated with your Creator Submitted Content, and you hereby grant us and to all Users a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your Profile Information in association with your Creator Submitted Content;<br/>■ You shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in any Creator Submitted Content you post;<br/>■ No compensation of any kind will be paid to you (except as provided in connection with an Accepted Request or as set forth herein) with respect to the use or Reproduction or sale or resale of your Creator Submitted Content, as provided herein;<br/>■ You authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on the Site;<br/>■ If you post Creator Submitted Content which contains Creator’s Content created specifically for a Brand in connection with an Accepted Request, you shall only do so with the written approval of such Brand, and will not include any Intellectual Property Rights of such Brand unless approved in writing by the Brand; and<br/>■ You hereby release and hold harmless Million Dollar Sellers and its Users from any and all claims that may arise out of or in connection with the use of or Reproduction or sale or resale of your Creator Submitted Content including, without limitation, any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite or distorted form, whether intentional or otherwise, that may occur or be produced in the taking of any of such photographs, portraits or other materials or in any subsequent processing thereof. <br/><br/>7. You agree to indemnify us and keep us indemnified against all and any expenses, losses, liabilities, Damages, costs (including reasonable legal costs) incurred or suffered by us in relation to any claims or proceedings, which arise in any way from (i) your use of the Platform, the Site and/or the Services; (ii) any breach by you of the terms of this Agreement, including any breach of your representations in this Section 3.4.2; (iii) any use of the Platform, the Site or the Services by anyone using your Account; or (iv) any claim made by a Brand or its Brand Representative concerning your interaction with them or your Creator’s Content. <br/><br/>8. This Section 3.4.2 shall survive termination of the Agreement.<br/><br/><em>Disputes.</em> <br/>As set forth in Section 3.4.1 and 3.4.2, you will promptly notify us and will address any and all Brand Complaints, Creator Complaints or User Dispute, as applicable, directly to Million Dollar Sellers for resolution and not to such Brand or Creator. We will use commercially reasonable efforts to resolve any Brand Complaints, Creator Complaints and/or User Disputes between a Brand and a Creator. Should we determine that a party is at fault (our “Determination”), such party shall, as applicable, pay for such Creator’s Content or provide new Creator’s Content in connection with a Brand’s Request. You may disagree with or choose to dispute our Determination and initiate a Legal Action with respect to such Brand Complaints, Creator Complaints or User Dispute, as applicable. Any and all fees owed to you shall be held by us until final resolution of such Legal Action (the “Fee Withholding”). If we are required to participate in any such Legal Action for any reason or if you, as either a Creator or Brand, intend to obtain an order from any arbitrator or any court that might direct Million Dollar Sellers or our Affiliates to take or refrain from taking any action in connection with a Legal Action, you will (a) give us at least five business days’ prior notice of any related hearing (a “Hearing”); and (b) include in any such order a provision that the losing party in any Legal Action will be responsible and liable for paying any fees and costs, including our attorney’s fees, incurred by us in connection with our participation, involvement or attendance at any such Hearing or Legal Action. Notwithstanding anything to the contrary contained in this section, you understand and agree that (a) we act as a Platform for the Services only and that we are not responsible in any manner for any fees or Damages incurred in connection with a Brand Complaints, Creator Complaints, User Disputes and/or Legal Action; and (b) we shall have no responsibility for any act or omission of any Creator, Brand or Brand Representative in any way whatsoever, including each of their compliance with any of an Accepted Request or any term of this Agreement.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Fees.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">You agree to pay all fees associated with use of the Services and agree to review your Account and the terms of the Accepted Requests for all applicable fees (the “Fees”). We may modify or revise the Fees at any time, in our sole discretion (each change a “Fee Change”), with written notice to you through your Account or by email sent to the email address you provide us in your Account. We use Stripe as our third party service provider and processor (the “Processor”) for payment services (e.g., credit card transaction processing, merchant settlement, and any related service fees). By using the Site and Services, you agree to be bound by Processor’s Terms of Service and other applicable service agreements (currently accessible at: https://stripe.com/ssa and Processor’s Privacy Policy (currently accessible at: https://stripe.com/privacy). You hereby consent to provide and authorize Million Dollar Sellers and Processor to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE OR CHARGE. By providing Million Dollar Sellers or Processor with your Credit Card information, you agree that Processor is authorized to immediately invoice you for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us and Processor (as applicable) of any change to your payment and Credit Card information. You will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless Million Dollar Sellers and Processor from any and all taxes, including sales tax, based on any payments made or received by you in connection with your purchase of Products. Any taxes imposed on payments will be your sole responsibility. If we are legally required to report such information, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Operation.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">Million Dollar Sellers reserves complete and sole discretion with respect to the operation of the Site. We may, among other things: (a) delete any private messages, if applicable, if it has not been accessed by a User within the time established by our policies; (b) subject to Section 2, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Feedback.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">At times we may allow you to provide us with comments and feedback through the Site. Any such comments or ratings you provide through the Site will collectively be referred to as “Feedback”. By providing Feedback to us, you automatically grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to us. You further acknowledge and agree that your Profile Information may be associated with your Feedback and posted on the Site, and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your Profile Information in association with your Feedback. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that no compensation will be paid with respect to the use of your Feedback, as provided herein, and that we may remove any Feedback we post on the Site at any time in our sole discretion. Further, when you provide Feedback, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on the Site.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Content and General Disclaimers.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18"><strong>General Disclaimer. </strong><br/>THE SITE IS PROVIDED BY MILLION DOLLAR SELLERS ON AN ”AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. WE CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE, IF ANY, WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. WE MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. ALTHOUGH WE HAVE ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION.<br/><br/><strong>Informational Purposes Only.<br/>‍</strong>Any opinions expressed on the Site or are the personal opinions of the original author and not of Million Dollar Sellers, even though the original author may be employed by us. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by Million Dollar Sellers or any other party. We do not assume any responsibility or liability for any opinion or other commentary posted on the Site (as applicable), or any third party website linked to the Site and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.<br/><br/><strong>Disclaimer of Third Party Information.<br/>‍</strong>You understand that when using the Site and Services, you may be exposed to third party content from a variety of sources, and that Million Dollar Sellers is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third party content. You further understand and acknowledge that you may be exposed to third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Million Dollar Sellers with respect thereto. <br/><br/><strong>Links to Third Party Sites.</strong> <br/>The Site may contain links to third party websites. You agree that access to any other Internet Site linked to the Site is done at your own risk and we are not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these other websites. You understand these links may lead unintentionally to websites containing information that you or others may find inappropriate or offensive. These links are not under the control of Million Dollar Sellers and as such, you agree that Million Dollar Sellers is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party websites. These links are provided by us merely for convenience and the inclusion of these links does not imply an endorsement or recommendation by Million Dollar Sellers. You agree that we are not responsible for any form of transmission received from any link, nor are we responsible if any of these links are not working appropriately. It is your responsibility when viewing to abide by any privacy statements and terms of use posted in connection with these links.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Indemnification.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MILLION DOLLAR SELLERS AND OUR AFFILIATES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY ACTION, CLAIM, SUIT, OR DEMAND WHICH RESULTS FROM (A) YOUR VIOLATION OF THE MILLION DOLLAR SELLERS AGREEMENTS; (B) YOUR BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN: (C) ANY ACTIVITY RELATED TO YOUR USE OF THE SERVICES (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT), (D) ANY USE OR DAMAGES RELATED TO MODIFIED CONTENT; AND (E) YOUR VIOLATION OF, NON-COMPLIANCE WITH OR BREACH OF ANY SOCIAL MEDIA REGULATION.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Waiver and Release.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">YOU AGREE THAT NEITHER MILLION DOLLAR SELLERS NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH (A) YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS; (B) YOUR PURCHASE OR USE OF ANY CREATOR’S CONTENT; (C) ANY MISLABELING, MISREPRESENTATION OR INACCURATE INFORMATION PROVIDED BY A CREATOR REGARDING SUCH CREATOR’S CONTENT; (D) ANY MISLABELING, MISREPRESENTATION OR INACCURATE INFORMATION PROVIDED BY A BRAND OR ITS BRAND REPRESENTATIVE REGARDING SUCH BRANDS’ REQUEST, BRAND’S MARKS, PRODUCT OR PROJECT; (E) USE OF ANY MODIFIED CONTENT; (F) A BRAND OR CREATOR’S VIOLATION OF, NON-COMPLIANCE WITH OR BREACH OF ANY SOCIAL MEDIA REGULATION; (G) OUR DETERMINATION; (H) THE FEE WITHHOLDING; (I) ANY FEE CHANGE PROVIDED THAT WE HAVE DELIVERED NOTICE OF SUCH FEE CHANGE TO YOU; (J) OUR USE, SALE OR RESALE OF CREATOR SUBMITTED CONTENT; OR (K) ANY LEGAL ACTION (COLLECTIVELY, THE “RELEASED CLAIMS”). YOU SPECIFICALLY ACKNOWLEDGE THAT MILLION DOLLAR SELLERS AND OUR AFFILIATES SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MILLION DOLLAR SELLERS AND OUR AFFILIATES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF MILLION DOLLAR SELLERS OR OUR AFFILIATES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH THE RELEASED CLAIMS.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Liability Limitation.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">- NOTWITHSTANDING THE ANYTHING TO THE CONTRARY HEREIN, MILLION DOLLAR SELLERS AND OUR AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF MILLION DOLLAR SELLERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE IS CONTROLLED AND OFFERED BY MILLION DOLLAR SELLERS FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. MILLION DOLLAR SELLERS MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.<br/><br/>- YOU AGREE THAT MILLION DOLLAR SELLERS AND OUR AFFILIATES HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE RELEASED CLAIMS.<br/><br/>- CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Copyright or Intellectual Property Infringement Notification.</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">We respect the intellectual property rights of others. You can notify us of possible copyright infringement, and we will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:<br/>‍<br/>- A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; <br/>- A description of the copyrighted work or other intellectual property that you claim has been infringed; <br/>- A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit us to locate the material; Your contact information, including your address, telephone number, and email; <br/>- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and <br/>- A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. <br/><br/>Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (“DMCA“). Claims can be directed to us at contact@milliondollarsellers.com or to Million Dollar Sellers, 1621 Central Ave, Cheyenne, WY 82001, USA; phone number: (___) ____________.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Term and Termination.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">Either you or Million Dollar Sellers may terminate this Agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if you fail to comply with the terms of the Million Dollar Sellers Agreements. We also reserve the right to terminate or suspend your Account and access to the Site and Services without prior notice. You will be responsible for any and all obligations and costs incurred by you prior to the termination of the Million Dollar Sellers Agreements, including, but not limited to, completion of any Accepted Request and payment for any purchased Creator’s Content. The provisions of Sections 2.1 (Proprietary Rights), 3.1 (Account), 3.2 (User Representations), 3.3 (User Restrictions), 3.4 (Use of the Services), 6 (Feedback), 7 (Content and General Disclaimers), 8 (Indemnification), 9 (Waiver and Release), 10 (Limitation of Liabilities), 12 (Term and Termination), 15 (Miscellaneous), and any right or obligation of the parties in the Million Dollar Sellers Agreements which, by their express terms or nature and context is intended to survive termination or expiration, shall survive any termination of this Million Dollar Sellers Agreements.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Privacy Rights.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">The protection of your privacy, the privacy of Users, and the information that we gather is taken seriously by Million Dollar Sellers. In registering for the Services, you represent and agree that you will not use the Services to track or collect personally identifiable information of Users. For Million Dollar Sellers complete policy on privacy, please visit and review the Privacy Policy at <a href="https://www.milliondollarsellers.com/privacy-policy" target="_blank" class="link-43">https://www.milliondollarsellers.com/privacy-policy</a>.</div><h2 class="privacy-h2">Expert Controls.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and not to export, or allow the export or re-export of the Material in violation of any such restrictions, laws or regulations. By downloading or using the Material, you are agreeing to the foregoing, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Miscellaneous.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming. You agree that any legal action or proceeding between Million Dollar Sellers and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Laramie County, Wyoming, United States. Any cause of action or claim you may have with respect to Million Dollar Sellers must be commenced within one (1) year after the claim or cause of action arises. Million Dollar Sellers’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement, the Creator Agreement, the Brand Agreement and the Privacy Policy, constitute the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any nonprofit User, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 7, 8, 9 and 10 are intended to benefit Million Dollar Sellers and our Affiliates. Million Dollar Sellers may assign its rights and duties under this Agreement to any party at any time without notice to you.</div><div class="padding-bottom padding-medium"></div><h2 class="privacy-h2">Notice.</h2><div class="padding-bottom padding-small"></div><div class="privacy-18">We may deliver notices to you under this Agreement by means of electronic mail or a general notice on the Site. You may give notice to Million Dollar Sellers at any time via electronic mail to the Site at the following address contact@milliondollarsellers.com.</div></div><div data-current="Definitions" data-easing="ease" data-duration-in="300" data-duration-out="100" class="tabs-4 w-tabs"><div class="tabs-menu-5 w-tab-menu"><a data-w-tab="Definitions" class="terms-tab-link w-inline-block w-tab-link w--current"><div>1. Welcome to MIllion Dollar Sellers!</div></a><a data-w-tab="Proprietary Rights" class="terms-tab-link w-inline-block w-tab-link"><div>2. Access an Use of the Service</div></a><a data-w-tab="Agreement" class="terms-tab-link w-inline-block w-tab-link"><div>3. Conditions of Use</div></a><a data-w-tab="Fees" class="terms-tab-link w-inline-block w-tab-link"><div>4. Intellectual Property Rights</div></a><a data-w-tab="Operation" class="terms-tab-link w-inline-block w-tab-link"><div>5. Third Party Websites</div></a><a data-w-tab="Feedback" class="terms-tab-link w-inline-block w-tab-link"><div>6. Social Networking Services</div></a><a data-w-tab="Content and General Disclaimers" class="terms-tab-link w-inline-block w-tab-link"><div>7. Indemnity and Release</div></a><a data-w-tab="Indemnification" class="terms-tab-link w-inline-block w-tab-link"><div>8. Disclaimer of Warranties</div></a><a data-w-tab="Waiver and Release" class="terms-tab-link w-inline-block w-tab-link"><div>9. Limitation of Liability</div></a><a data-w-tab="Liability Limitation" class="terms-tab-link w-inline-block w-tab-link"><div>10. Binding Arbitration; Class Action Waiver</div></a><a data-w-tab="Copyright or Intellectual Property Infringement Notification" class="terms-tab-link w-inline-block w-tab-link"><div>11. Termination</div></a><a data-w-tab="Term and Termination" class="terms-tab-link w-inline-block w-tab-link"><div>12. Disputes Between Users</div></a><a data-w-tab="Privacy Rights" class="terms-tab-link w-inline-block w-tab-link"><div>13. General</div></a><a data-w-tab="Export Controls" class="terms-tab-link w-inline-block w-tab-link"><div>14. Questions? Concerns? Suggestions?</div></a></div><div class="tabs-content-4 w-tab-content"><div data-w-tab="Definitions" class="w-tab-pane w--tab-active"><h2 class="privacy-h2">1. Welcome to Million Dollar Sellers!</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18"><strong>1.1 Introduction:</strong><br/>Million Dollar Sellers (“Million Dollar Sellers,” “we,” “us,” “our”) provides its services (described below) to you through its website located at <a href="/" target="_blank" class="terms-link">milliondollarsellers.com</a> (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).<strong>PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.</strong></div><div class="padding-bottom padding-medium"></div><div class="privacy-18"><strong>1.2 Modifications to Terms of Service:</strong><br/>We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.</div><div class="padding-bottom padding-medium"></div><div class="privacy-18"><strong>1.3 Privacy:</strong><br/>At Million Dollar Sellers, we respect the privacy of our users. For details please see our <a target="_blank" href="/privacy-policy" class="terms-link">Privacy Policy</a>. By using the Service, you consent to our collection and use of personal data as outlined therein.</div></div><div data-w-tab="Proprietary Rights" class="w-tab-pane"><h2 class="privacy-h2">2. Access and Use of the Service</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18"><strong>2.1 Use Description:</strong><br/>The Million Dollar Sellers service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Million Dollar Sellers purchase we grant you a limited, non-exclusive, non-transferable, license to access the Million Dollar Sellers content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Million Dollar Sellers may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.<br/><br/><strong>2.2 Your Registration Obligations:</strong><br/>You may be required to register with Million Dollar Sellers in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our <a target="_blank" href="/privacy-policy" class="terms-link">Privacy Policy</a>. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.<br/><br/><strong>2.3 Member Account, Password and Security:</strong><br/>You may never use another's account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Million Dollar Sellers of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Million Dollar Sellers will not be liable for any loss or damage arising from your failure to comply with this Section.<br/><br/><strong>2.4 Modifications to Service:</strong><br/>Million Dollar Sellers reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Million Dollar Sellers will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.<br/><br/><strong>2.5 General Practices Regarding Use and Storage:</strong><br/>You acknowledge that Million Dollar Sellers may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Million Dollar Sellers's servers on your behalf. You agree that Million Dollar Sellers has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Million Dollar Sellers reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Million Dollar Sellers reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data. Our privacy statement <a href="/privacy-policy" target="_blank" class="terms-link">Privacy Policy</a> has more details.<br/><br/><strong>2.6 Mobile Services:</strong><br/>The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Million Dollar Sellers account information to ensure that your messages are not sent to the person that acquires your old number.<br/><br/><strong>2.7 Money Back Guarantee:</strong><br/>Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service you purchase through a third-party marketplace (see Section 3.3 below), should you become dissatisfied with the Service within the first 60 days after purchase, Million Dollar Sellers will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 60 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Million Dollar Sellers's sole discretion. If Million Dollar Sellers determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 60-day money back guarantee, email Support at <a href="mailto:appsupport@milliondollarsellers.com" class="terms-link">appsupport@milliondollarsellers.com</a>.</div></div><div data-w-tab="Agreement" class="w-tab-pane"><h2 class="privacy-h2">3. Conditions of Use</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18"><strong>3.1 User Conduct:<br/></strong>You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Million Dollar Sellers reserves the right to investigate and take appropriate legal action against anyone who, in Million Dollar Sellers's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:<br/><br/><span>■ email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Million Dollar Sellers, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Million Dollar Sellers or its users to any harm or liability of any type;<br/>■ interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;<br/>■ violate any applicable local, state, national or international law, or any regulations having the force of law;<br/>■ impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;<br/>■ harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;<br/>■ advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;<br/>■ further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or<br/>■ obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.</span><br/><br/><strong>3.2 Fees:<br/></strong>To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Million Dollar Sellers information regarding your credit card or other payment instrument. You represent and warrant to Million Dollar Sellers that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Million Dollar Sellers the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize Million Dollar Sellers to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Million Dollar Sellers know within sixty (60) days after the date that Million Dollar Sellers charges you. We reserve the right to change Million Dollar Sellers's prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Million Dollar Sellers's net income.<br/><br/><strong>3.3 Recurring Memberships:<br/></strong>If you select a Service with an auto renewal feature (“Recurring Memberships”), you authorize Million Dollar Sellers to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Million Dollar Sellers is unable to charge your account as authorized by you when you enrolled in a Recurring Membership, Million Dollar Sellers, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.<br/><br/>Million Dollar Sellers may change the price for Recurring Memberships from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Memberships will take effect at the start of the next membership period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Membership after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Membership before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.<br/><br/>Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Membership at any time, but if you cancel your membership before the end of the current membership period, we will not refund any membership fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current membership period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.<br/><br/>If you purchase any Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by Million Dollar Sellers. Except as otherwise explicitly stated by Million Dollar Sellers, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Million Dollar Sellers will have no refund obligations. Million Dollar Sellers disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.<br/><br/>If you became a member via iTunes on your Apple mobile device, you can cancel by going to your Account Settings in the App Store. You can find Memberships in the Settings app on your device under iTunes & App Store, and then select your Apple ID. If you are a member on our website, you can cancel by contacting Support at <a href="mailto:appsupport@milliondollarsellers.com?subject=Cancel%20Apple%20Subscription" class="terms-link">appsupport@milliondollarsellers.com</a>. If you became a member via the Google Play Store on your Android mobile device, you can cancel by opening the Google Play Store and selecting Menu Membership. You can select the membership you want to cancel or update and then follow the onscreen instructions.<br/><br/>If you are a member on our website, you can cancel by contacting Support at <a href="mailto:appsupport@milliondollarsellers.com?subject=Cancel%20Recurring%20Membership" class="terms-link">appsupport@millliondollarsellers.com</a> or by going to Settings in your account, selecting Cancel under the Membership box and then following the onscreen instructions to continue and cancel membership.<br/><br/><strong>3.4 Special Notice for International Use; Export Controls:<br/></strong>Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.<br/><br/><strong>3.5 Commercial Use:<br/></strong>Unless otherwise expressly authorized herein or by Million Dollar Sellers in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is solely for your non-commercial, personal, entertainment use.</div></div><div data-w-tab="Fees" class="w-tab-pane"><h2 class="privacy-h2">4. Intellectual Property Rights</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18"><strong>4.1 Service Content, Software and Trademarks:<br/></strong>You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Million Dollar Sellers, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Million Dollar Sellers from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Million Dollar Sellers, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Million Dollar Sellers.<br/><br/>The Million Dollar Sellers name and logos are trademarks and service marks of Million Dollar Sellers (collectively the “Million Dollar Sellers Trademarks”). Other Million Dollar Sellers, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Million Dollar Sellers. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Million Dollar Sellers Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Million Dollar Sellers Trademarks will inure to our exclusive benefit.<br/><br/><strong>4.2 Third Party Material:<br/></strong>Under no circumstances will Million Dollar Sellers be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Million Dollar Sellers does not pre-screen content, but that Million Dollar Sellers and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Million Dollar Sellers and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Million Dollar Sellers, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.<br/><br/><strong>4.3 User Content Transmitted Through the Service:<br/></strong>With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Million Dollar Sellers, its affiliated companies and partners (including but not limited to Million Dollar Sellers instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).<br/><br/>You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Million Dollar Sellers, its affiliated companies or partners are non-confidential and Million Dollar Sellers, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.<br/><br/>You acknowledge and agree that Million Dollar Sellers may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Million Dollar Sellers, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.<br/><br/><strong>4.4 Health and Medical Disclaimer:<br/></strong>Million Dollar Sellers does not provide medical advice. Million Dollar Sellers only provides general information regarding health, wellness, and physical exercise through its Service. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a health care professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that Million Dollar Sellers will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.<br/><br/><strong>4.5 Copyright Complaints:<br/></strong>Million Dollar Sellers respects the intellectual property of others. If you believe in good faith that any materials on the Sites infringe upon your copyrights, Please contact our support team at <a href="mailto:appsupport@milliondollarsellers.com?subject=Copyright%20Complaint" class="terms-link">appsupport@milliondollarsellers.com</a><br/><br/><span>(1) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;<br/>(2) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;<br/>(3) Your address, telephone number, and email address;<br/>(4) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;<br/>a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;<br/>(5) A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.<br/><br/>You may also contact our Copyright Designated Agent by mail with a complete set of the above information at:<br/>Million Dollar Sellers<br/>30 North Gould Street, <br/>Suite 4993, <br/>Sheridan, Wyoming 82801<br/><br/><strong>4.6 Counter-Notice:<br/></strong>If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.<br/><br/>If a counter-notice is received by the Copyright Agent, Million Dollar Sellers will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.<br/><br/><strong>4.7 Repeat Infringer Policy:<br/></strong>In accordance with the DMCA and other applicable law, Million Dollar Sellers has adopted a policy of terminating, in appropriate circumstances and at Million Dollar Sellers's sole discretion, users who are deemed to be repeat infringers. Million Dollar Sellers may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.</span></div></div><div data-w-tab="Operation" class="w-tab-pane"><h2 class="privacy-h2">5. Third Pary Websites</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Million Dollar Sellers has no control over such sites and resources and Million Dollar Sellers is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Million Dollar Sellers will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Million Dollar Sellers is not liable for any loss or claim that you may have against any such third party.</div></div><div data-w-tab="Feedback" class="w-tab-pane"><h2 class="privacy-h2">6. Social Networking Services</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our <a href="/privacy-policy" target="_blank" class="terms-link">Privacy Policy</a>. For more information about the implications of activating these Social Networking Services and Million Dollar Sellers's use, storage and disclosure of information related to you and your use of such services within Million Dollar Sellers (including your friend lists and the like), please see our <a target="_blank" href="/privacy-policy" class="terms-link">Privacy Policy</a>.<br/><br/>However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Million Dollar Sellers shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.<br/><br/>In addition, Million Dollar Sellers is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Million Dollar Sellers is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Million Dollar Sellers enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.</div></div><div data-w-tab="Content and General Disclaimers" class="w-tab-pane"><h2 class="privacy-h2">7. Indemnity and Release</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">To the fullest extent permitted by law, you agree to release, indemnify and hold Million Dollar Sellers and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.</div></div><div data-w-tab="Indemnification" class="w-tab-pane"><h2 class="privacy-h2">8. Disclaimer of Warranties</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, MILLION DOLLAR SELLERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.<br/><br/>MILLION DOLLAR SELLERS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.</div></div><div data-w-tab="Waiver and Release" class="w-tab-pane"><h2 class="privacy-h2">9. Limitation of Liability</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">YOU EXPRESSLY UNDERSTAND AND AGREE THAT MILLION DOLLAR SELLERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MILLION DOLLAR SELLERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MILLION DOLLAR SELLERS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MILLION DOLLAR SELLERS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).<br/><br/>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.</div></div><div data-w-tab="Liability Limitation" class="w-tab-pane"><h2 class="privacy-h2">10. Binding Arbitration; Class Action Waiver</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">You and Million Dollar Sellers agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.<br/><br/>If you have any dispute with us, you agree that before taking any formal action, you will contact us at Million Dollar Sellers, 30 North Gould Street, Suite 4993, Sheridan, Wyoming 82801 and <a href="mailto:appsupport@milliondollarsellers.com?subject=Class%20Action%20Waiver" class="terms-link">appsupport@milliondollarsellers.com</a>, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.<br/><br/>All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in San Francisco, California, and you and Million Dollar Sellers agree to submit to the personal jurisdiction of any federal or state court in San Francisco, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.<br/><br/>The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.<br/><br/>Million Dollar Sellers shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless Million Dollar Sellers is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.<br/><br/>You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MILLION DOLLAR SELLERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.<br/><br/>Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.<br/><br/>You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Million Dollar Sellers at the address identified in Section 14 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Million Dollar Sellers also will not be bound by them. If Million Dollar Sellers changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Million Dollar Sellers's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Million Dollar Sellers in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND MILLION DOLLAR SELLERS REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.</div></div><div data-w-tab="Copyright or Intellectual Property Infringement Notification" class="w-tab-pane"><h2 class="privacy-h2">11. Termination</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">You agree that Million Dollar Sellers, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Million Dollar Sellers believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Million Dollar Sellers may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Million Dollar Sellers may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Million Dollar Sellers will not be liable to you or any third party for any termination of your access to the Service.</div></div><div data-w-tab="Term and Termination" class="w-tab-pane"><h2 class="privacy-h2">12. Disputes Between Users</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">You agree that you are solely responsible for your interactions with any other user in connection with the Service and Million Dollar Sellers will have no liability or responsibility with respect thereto. Million Dollar Sellers reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.</div></div><div data-w-tab="Privacy Rights" class="w-tab-pane"><h2 class="privacy-h2">13. General</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">These Terms of Service constitute the entire agreement between you and Million Dollar Sellers and govern your use of the Service, superseding any prior agreements between you and Million Dollar Sellers with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and Million Dollar Sellers agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Million Dollar Sellers to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Million Dollar Sellers , but Million Dollar Sellers may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Million Dollar Sellers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.</div></div><div data-w-tab="Export Controls" class="w-tab-pane"><h2 class="privacy-h2">14. Questions? Concerns? Suggestions?</h2><div class="padding-bottom padding-medium"></div><div class="privacy-18">Please contact us at 30 North Gould Street, Suite 4993, Sheridan, Wyoming 82801, <a href="mailto:appsupport@milliondollarsellers.com?subject=Privacy%20Suggestions" class="terms-link">appsupport@milliondollarsellers.com</a> to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.</div></div></div></div></div></div></div></section><div class="section navy-blue-bg footer"><div class="w-container"><div class="subscription_wrapper"><h3 class="text-color-white">Stay Updated with Everything <br/>about MDS</h3><div id="w-node-_8c1a8a61-049f-d38f-f803-707657823eef-a1f5f15d" class="w-embed w-iframe"><iframe src="https://embeds.beehiiv.com/0c30b638-41eb-4338-9339-66b1d353245f?slim=true" data-test-id="beehiiv-embed" height="52" frameborder="0" scrolling="no" style="margin: 0; border-radius: 0px !important; background-color: transparent;"></iframe></div></div><div class="hr"></div><div class="columns-27 w-row"><div class="column-32 w-col w-col-3 w-col-medium-3 w-col-small-small-stack"><img src="https://cdn.prod.website-files.com/617a17ccf1268b31f48c390f/65bd33fb44c50089709606e8_mds-logo.svg" loading="lazy" alt="" class="image-80"/><div class="soc-med-icons-wrapper"><a href="https://www.instagram.com/mdsonly/" target="_blank" class="w-inline-block"><img src="https://cdn.prod.website-files.com/617a17ccf1268b31f48c390f/61822701e4de7ad98ae96940_IG%20icon.svg" loading="lazy" alt="" class="soc-med-icons"/></a><a href="https://www.facebook.com/milliondollarsellers?mibextid=LQQJ4d" target="_blank" class="w-inline-block"><img src="https://cdn.prod.website-files.com/617a17ccf1268b31f48c390f/61822701ddb9d7a5eb9ab686_FB%20icon.svg" loading="lazy" alt="" class="soc-med-icons"/></a><a href="https://www.linkedin.com/company/million-dollar-sellers" target="_blank" class="w-inline-block"><img src="https://cdn.prod.website-files.com/617a17ccf1268b31f48c390f/61822701af20f78cfa4d5768_Linkedin%20icon.svg" loading="lazy" alt="" class="soc-med-icons"/></a><a href="https://twitter.com/mdsonly?s=21&t=yRIF216-AIeKalxcMq0c-g" target="_blank" class="w-inline-block"><img src="https://cdn.prod.website-files.com/617a17ccf1268b31f48c390f/6461e3e5f11d350cbaf7a572_icon-twitter.svg" loading="lazy" alt="" class="soc-med-icons last"/></a></div></div><div class="column-29 w-col w-col-3 w-col-medium-3 w-col-small-small-stack"><p class="text-medium bold o-white">Information</p><p><a href="/events" class="footer-link">Events</a></p><p><a href="/partnership" class="footer-link">Partnerships</a></p><p><a href="/application-step-1" class="footer-link">Apply Now</a></p></div><div class="column-30 w-col w-col-3 w-col-medium-3 w-col-small-small-stack"><p class="text-medium bold o-white">Resources</p><p><a href="/blog" class="footer-link">Blog</a></p><p><a href="/podcast" class="footer-link">Podcast</a></p><p><a href="/nick-ro-show" class="footer-link">Nick & Ro Show</a></p><p class="hide"><a href="https://www.gallery.milliondollarsellers.com/" target="_blank" class="footer-link">Photo Gallery</a></p></div><div class="column-31 w-col w-col-3 w-col-medium-3 w-col-small-small-stack"><p class="text-medium bold o-white">Company</p><p><a href="/about" class="footer-link">About MDS</a></p><p><a href="/contact" target="_blank" class="footer-link">Contact Us</a></p><p><a href="/careers" target="_blank" class="footer-link">Careers</a></p><p><a href="/terms-of-service" target="_blank" aria-current="page" class="footer-link w--current">Terms</a></p><p><a href="/privacy-policy" target="_blank" class="footer-link">Privacy</a></p></div></div><div class="hr"></div><p class="copyright-text white center">Copyright © 2023 Million Dollar Sellers</p></div></div><script src="https://d3e54v103j8qbb.cloudfront.net/js/jquery-3.5.1.min.dc5e7f18c8.js?site=617a17ccf1268b31f48c390f" type="text/javascript" integrity="sha256-9/aliU8dGd2tb6OSsuzixeV4y/faTqgFtohetphbbj0=" crossorigin="anonymous"></script><script src="https://cdn.prod.website-files.com/617a17ccf1268b31f48c390f/js/webflow.d74c89b61.js" type="text/javascript"></script> <noscript><iframe src="https://www.googletagmanager.com/ns.html?id=GTM-PMTRPX6" height="0" width="0" style="display:none;visibility:hidden"></iframe></noscript>   <script> (function(h,o,t,j,a,r){ h.hj=h.hj||function(){(h.hj.q=h.hj.q||[]).push(arguments)}; h._hjSettings={hjid:2951563,hjsv:6}; a=o.getElementsByTagName('head')[0]; r=o.createElement('script');r.async=1; r.src=t+h._hjSettings.hjid+j+h._hjSettings.hjsv; a.appendChild(r); })(window,document,'https://static.hotjar.com/c/hotjar-','.js?sv='); </script> </body></html>