Terms and Conditions

Effective date: January 10, 2024

 

We are excited that you have decided to work with us. This relationship is conditional on your full acceptance of these Terms and Conditions. Please review the entire Terms and Conditions as outlined below, they affect your legal rights. We rely on these Terms and Conditions in order to provide this website & services.

Conditional Use

1. Condition of Use. Use of this website, as well as any purchases made, is conditional on full acceptance of the provisions within this document. Access to this website shall constitute full acceptance of all conditions and terms. If You (Hereinafter referred to as “You” or “you” or “User” or “user”) do not accept the terms do not access this website, or engage in any relationship with us.

2. Between. These Conditions and Terms govern the relationship between You and this website, its owners, servants, employees, and agents. (Hereinafter referred to as Modavate LLC, “Rebecca Branham Coaching”) or “We” or “we” or “Us” of “us”). For clarity purposes, a number of website(s), including but not limited to: rebeccabranham.com are wholly owned and operated by Modavate LLC.

3. All services and products appearing on these websites are sold by Modavate LLC. You agree that any relationship arising out of or relating to these Websites owned by Modavate LLC (DBA: “Rebecca Branham Coaching”) as well as any relationship between Us and You, shall be governed by this Agreement.

4. Between. These Conditions and Terms govern the relationship between You and Modavate LLC/ DBA “Rebecca Branham Coaching”, its servants, and agents. Any mention of “Modavate LLC” or “Rebecca Branham Coaching”, “We” or “Us” hereby includes Modavate LLC, its employees, servants, agents, and others.

5. For clarity purposes, Products, Services, and relationship(s), include but are not limited to the following: all items which are available for sale on websites owned by Modavate LLC (DBA: “Rebecca Branham Coaching”), all mentoring provided by Modavate LLC (BDA: “Rebecca Branham Coaching”) and or its employees, including but not limited to Rebecca Branham.

Privacy Policy
6. You confirm that you have read, understood and agree to our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you.

No Refunds
7. There are no refunds.
8. There are no returns.

Permitted Usage
9. You may use this Website for your own personal or commercial purposes as expressly provided by these Terms and Conditions. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from this Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy this Web Site or the Content. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website. Any unauthorized use of this Website or its content is prohibited.
10. You agree to keep confidential all information learned, and or developed from our relationship, this shall be deemed to include, but not be limited to, all techniques, tools, methods.

Input of Information on Website
11. You are solely responsible for the accuracy and completeness of any information inputted into the website, please be sure to check any information that may have been inputted on your behalf. We are not able to take responsibility and shall not be responsible for any damages resulting from, and or arising from any error and or omission, however caused or arising.

Posting on Site
12. By uploading content to or submitting any materials for use on this website, including, but not limited to, blog posts, forum posts, typewritten communications, articles, etc, you grant, or warrant that the owner of such rights has expressly granted, Modavate LLC (DBA: “Rebecca Branham Coaching”) a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, commoditize, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed.

Claims of Copyright Infringement & Counter-Notification
13. We respect the copyrights of others. If you believe in good faith that materials hosted by Us infringe your copyright, please send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out, or if the complaint is incomplete:

a. A clear identification of the copyrighted work you claim was infringed.
b. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
c. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
d. A statement that you have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
f. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Notices with respect to this Website should be sent to us by email to [email protected] or at: Modavate LLC, 12367 Stable Drive, New London, MO 63459

14. We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
15. We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and lawyers fees).

Links
16. This website may contain links to other websites. Links are not intended to imply sponsorship, affiliation or endorsement. We are not responsible for the privacy practices or the content of such websites and their operations.
17. Due to the size of this website, and complexities involved with evolving laws, and operations of this website, we are unable to ensure the accuracy of anything appearing on this website. You hereby acknowledge that this site and any statement(s) herein may contain errors and / or omissions, and accept use of the site subject to any such errors and / or omissions. In no instance shall we be responsible for ensuring the accuracy of anything appearing in this website.

Use of Website & Services
18. You are in the best position to protect your own interests, we encourage you to do so at all times, and remind you that due to the complexities involved with operating, creating, and maintaining this website we are unable to assume any responsibility for your care and /or liability whatsoever.
19. You expressly agree that we may remove, disable or restrict access to or the availability of any material from Our websites (including, but not limited to, material which you have posted and / or stored). Under no circumstances may we be held liable for removing, disabling or restricting access to material(s).
20. You expressly agree that you will not hold us responsible for damages resulting from and / or arising from : the loss of information, restricted access to information, and / or the availability of any material from this site (including, but not limited to, material which you have posted and / or stored).

Access to Website
21. We value your interaction(s) with Us, but in an effort to promote a better experience We reserve the right to suspend, or cancel any membership, and / or restrict your access to this site, or any subscriptions or services, for any reason, or no reason, at our sole discretion, moreover the entire website may be made unavailable at any time.

We Provide
22. Information we provide, as well as that which may be found on this website is of a general nature, it is not intended to be relied on for any particular or specific purpose. Business matters by their nature are complicated and require the specific attention of appropriate professionals, for each circumstance.
23. While we have every intention to safeguard your personal information, due to the nature of the internet and related technologies We are unable to provide any guarantee, warranty, or promise as to the security of the same. Any information on the internet may be vulnerable to hackers, viruses, malware, glitches, and may be intercepted during transmission. This website is no different.
24. You agree that you will not take action or inaction based on your relationship with Us, as well as anything arising from and or relating to our relationship, as well as this website and or anything appearing herein.

Your Responsibilities
25. Modavate LLC (DBA: “Rebecca Branham Coaching”) takes pride in the clients it works with. It is important to Us to work with those who have passion, a desire to succeed, and take personal responsibility for achieving their goals. You agree that your responsibilities will include but not be limited to:

a. Keeping accurate business records;
b. Being prepared for scheduled meetings;
c. Maintaining a positive attitude;
d. Obtaining independent legal and accounting advice.

26. If you do not meet your responsibilities, you agree that our relationship shall immediately come to an end, no refund shall be provided for any unused access and or remaining appointments.

Rescheduling of Appointments
27. If you have purchased any services that require scheduled appointments, You acknowledge that in some instances rescheduling appointments may occur at our sole discretion, you agree to accept rescheduled appointment(s), provided that any rescheduling of a scheduled and confirmed appointment, by us, will be attempted to be made at a mutually convenient time.
28. If you need to reschedule an appointment, you agree to make such a request in writing at least 24 hours before the start of our scheduled appointment. Upon receiving such a request, we agree to attempt to use our best efforts to assist you in rescheduling our appointment. We shall do so, by providing an alternate appointment time during the same week, provided the same is available, if such is not available we will advise you as to the same.

Live Programs
29. Notwithstanding that certain programs may be planned to be completed live by Us, there is no guarantee that any program will be completed in such a manner. For clarity You Agree that we may substitute any program with a pre-recorded video, at our sole and unfettered discretion, without recourse of any kind whatsoever.

Communications
30. You hereby authorize us to contact you via email, or by other means, seeking comment on services, communicating offers from our partners, promotions, and or information that we believe may interest you.

Non-disparagement
31. You agree that you shall not publicly make any negative expressions, or representations about Us, or allow any such expressions or representations to be made.

No Warranty
32. IN ORDER TO PROVIDE YOU WITH THIS SERVICE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES THAT YOU MAY OBTAIN AT THIS WEBSITE, AS WELL AS THROUGH YOUR RELATIONSHIP WITH US.
33. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
34. THIS WEBSITE IS MADE AVAILABLE TO YOU AS IS, WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.
35. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE, YOU HEREBY AGREE THAT SUCH STATEMENTS, ARE TO BE CONSTRUED MERELY AS NONBINDING EXPRESSIONS OF POLICY NOT AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES.

Limitation of Liability
36. Use of Our website(s), as well as anything arising out of and or relating to our relationship, is accompanied by inherent risks, you hereby assume all risk(s) involved and associated with the same.
37. Due to the many complexities involved in our relationship, We are not able to be held responsible for : programming, construction, design, formulation, development of standards, preparation, processing, assembly, inspection, testing, listing, certifying, warning, instructing, marketing, selling, advertising, packaging or labeling of any service and / or product.
38. Due to their unpredictability, We shall not be liable for consequential damages, incidental damages, indirect damages, exemplary damages, or punitive damages.

Liquidated Damages
39. To the extent which you may suffer and / or seek damages from Us, however so arising including but not limited to claims arising under: contract, tort, other legal theories, or specific statute; due to the difficulty in calculating damages at the point of agreement, and in an effort to pre-determine costs, all parties agree to liquidated damages of $100.00 USD, in the total aggregate amount for all claims arising out of and or relating to our relationship. Modavate LLC (DBA: “Rebecca Branham Coaching”) has relied on this clause at considerable expense. Modavate LLC (DBA: “Rebecca Branham Coaching”) is not an insurer, to the extent that You may suffer damages greater than $100.00 USD. You shall be solely responsible for insuring yourself, for any excess of potential damages greater than the amount agreed to herein.

Purchases
40. All purchases are non-refundable.
41. All services agreements, and or purchases made by You from Us shall be deemed to completed at the time of making sale, and are earned by us in full immediately.
42. Section(s) 40 & 41 is notwithstanding that some services, agreements or products, may be for lengthy periods, as well as may include multiple deliveries in the future, as well in some instances multiple payments may have been agreed to, and or credit terms provided to you, including but not limited to a Payment Plan.
43. Where a Payment Plan has been entered into, you agree to pay such amount(s) according to the order form and or order confirmation. If any payments are missed, or not made according to when due, the entire amount then owing shall immediately become due and payable.
44. For further clarity if you are participating in “The Regulated Mastermind,” "The Regulated & Rising Membership," or any other coaching service, you will not have any right for early termination, or discount, you are responsible for payment of the entire amount agreed to, notwithstanding that payment may be made in installment.
45. You acknowledge and agree that our relationship, as well as any purchases which you may make or have agreed to make, are not a matter of pro rata time, the majority of time and effort in our relationship is completed at the beginning. This is as substantial time is required for Us to learn about You, as well as to develop a strategy of tools.
46. You further acknowledge being advised that coaching, as well as the products and services offered by Us may not be appropriate for everyone.
47. All accounts are due when billed, any outstanding amounts owing will bear interest at the rate of 24% per year.
48. All amounts charged by Modavate LLC (DBA: “Rebecca Branham Coaching”) are to be in USD funds.
49. You agree that you shall have no right to set-off any amounts that you may believe is owing to you.

Payment Authorization
50. You hereby authorize all charges to be made on the payment method provided, including credit card, Paypal, Stripe, bank transfer, etc, and irrevocably direct Modavate LLC, or any party designated by Us, to charge the payment method provided by you.
51. You further authorize and direct us to process charges on the payment method provided at each payment date without further reference to you.
52. You hereby agree that you will not dispute any charges processed, regardless of method, including but not limited to: Paypal, Stripe, credit card, bank transfer, etc. If at any time you believe you have a claim for reimbursement, your sole remedy shall be through the methods outlined elsewhere in this Agreement.

Taxes and Other Amounts Not Charged
53. You hereby warrant and represent to us that there are no taxes owing in your jurisdiction relating to and or arising from your purchase(s) on this site, as well as our relationship. If any taxes, levies fees, or other amount is determined to be owing, you agree to remain personally responsible for paying the same.

 
General
54. Entire Agreement. This writing contains the entire agreement between You and Us.
55. No Other Representations
There are no warranties, representations, or agreements, other than those that appear in this document.
56. This Agreement may only be changed by an express written Agreement signed by Rebecca Branham, nobody is permitted to change this.
57. Use of Materials. Materials provided by or through this website including, but without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, slogans, trademarks and service marks (collectively referred to as the “Materials”), are the property of Us and Our licensors, they are protected by copyright, trademark and other intellectual property laws. No rights or license is acquired by you, in any trademark, copyright, or other intellectual property rights.

Dispute Resolution
58. All disputes shall be finally resolved by arbitration pursuant to the American Arbitration Association. The place of arbitration shall be New London, Missouri. The language of the arbitration shall be English. All disputes and claims arising hereunder shall be determined in accordance with the laws of the State of Missouri and the courts of such State shall have exclusive jurisdiction to hear and determine the same.
59. Choice of Venue New London, Missouri, USA shall Have Exclusive Jurisdiction to hear any matter arising out of and / or relating to this agreement, our relationship, and / or this website, the parties to this agreement agree to submit to the Jurisdiction of same.
60. Choice of Law The laws of the State of Missouri, USA, without regard to its conflict of laws principles, shall exclusively apply, to all matters whatsoever arising under, in connection with, or relating to, this agreement, our relationship, and this website. These conditions and terms are to be both constituted and interpreted in accordance with the laws of Missouri.
61. Claims Limited Regardless of any statute or law to the contrary, any claim or cause of action arising out of and or relating to this agreement, our relationship, or this website must be filed within one (1) year after such claim or cause of action first arose, or shall be forever barred.
62. Claims Filed Regardless of any statute or law to the contrary, any claim or cause of action arising out of and or relating to this agreement, our relationship, or any service or product must be filed within one (1) year of entering into this agreement, or shall be forever barred.
63. YOU AND MODAVATE LLC 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.
64. You agree that, by entering into this Agreement, You and Modavate LLC are each waiving the right(s) to a trial by jury, as well as the right to participate in a class action.
65. Terms

a. You acknowledge that the terms contained herein may be altered by Modavate LLC without notice.
b. Both parties will continue to be bound by altered terms.
c. You have a continuous obligation to review the terms of this agreement as found on this website.

Indemnification
66. If You bring a case against Us, seeking a total amount greater than the agreed liquidated damages, You hereby agree to indemnify Us for all fees and expenses arising from and relating to defending the same.
67. You agree to defend and indemnify Us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by third parties as a result of:

a. your breach of this Agreement or the documents referenced herein;
b. violation of any law or the rights of a third party;
c. your use of this Site;
d. your relationship with Us, or
e. your use of this Site for, or on behalf of, a Third Party.

68. No Costs. You agree that despite anything to the contrary you shall not be entitled to, and will not seek any costs and / or fees from Us relating to, and / or arising from any case brought.
69. No Waiver. No delay, failure, waiver, exercise or partial exercise of any right or remedy under the terms and conditions found in this agreement, by Us, will operate to subsequently: alter, limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy.
70. No Limitation. In no instance shall any term appearing herein be interpreted in a manner in which to limit any right which may belong to Modavate LLC (DBA “Rebecca Branham Coaching”), whether appearing herein, or otherwise arising elsewhere.
71. Interpretation. If any provision is found to be inconsistent with another provision of this writing, such provision(s) shall be interpreted in a manner allowing for the greatest possible intended meaning of the entire agreement. Where not possible, inconsistent provisions shall be severed, but only to the extent necessary to remedy such inconsistency. Such provision or provision(s) will be severed from the agreement in a manner allowing for the largest part of the agreement to remain in full force and effect.
72. Remaining Provisions. The remaining portions of the agreement shall remain in full force and effect, and shall constitute the entire agreement.
73. Headings are included for convenience purposes only and they do not form part of these terms and conditions.
74. These and Terms and Conditions shall be deemed to have been drafted jointly by You and Us.