Mitchell Pehlke Terms and Conditions

By enrolling in a Mitchell Pehlke membership from www.mitchellpehlke.com or any other program, community, or any other product offered, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not continue with your purchase.

This is a membership website. Payments will process automatically on the schedule you selected at the time of purchase (yearly, quarterly, or monthly). All cancellations must be requested at least 48 hours prior to the payment date.

You can cancel by submitting the cancellation form. The cancellation form can be sent once requested by email. There are no refunds on monthly memberships, trials, or one time purchases.

 

1. Agreement.

This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of the Mitchell Pehlke membership and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.mitchellpehlke.mykajabi.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

1. Intellectual Property Ownership.
1. Our Content. All content included on this site is and shall continue to be the property of Mitchell Pehlke and www.mitchellpehlke.com or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by www.mitchellpehlke.com. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. Other product and company names mentioned on this Site may be trademarks of their respective owners.
2. User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to

 view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.

1. Personal Use.Mitchell Pehlke and www.mitchellpehlke.com grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Mitchell Pehlke. Mitchell Pehlke may terminate your use of this website at any time.
2. Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Mitchell Pehlke’s prior express written consent.

1. Disclaimers.
1. DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. FURTHERMORE, MITCHELL PEHLKE DO NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MITCHELL PEHLKE, THEIR SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
2. LIMITATION OF LIABILITY. MITCHELL PEHLKE SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT

 LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH LL OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF MITCHELL PEHLKE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.

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1. Terms Relating to User Supplied Site Content.
1. Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our site, and gain access to the materials contained thereon at your own risk.
2. No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise.
3. Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.
4. No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.

  (e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.

 

• Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
• Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
• Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
• Prohibitions. You agree that you will not:

 

1. Use our forum, bulletin board, chat room, or any other user interactive area of our site for any illegal purpose.
2. Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
3. Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
4. Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site.

  5. Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site.

 

• Pretend to be another person that you are not.
• Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.

 

1. Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.

1. Miscellaneous.
1. Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Flip Your Life Program. You may not use the Flip Your Life Program to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
2. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
3. Indemnification. You agree to indemnify, defend and hold Mitchell Pehlke and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
4. DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
5.  (e)All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way byMitchell Pehlke or Www.mitchellpehlke.com. This includes but is not limited to promotional activities, advertisements, testimonials, etc.

  (f) I understand that I am signing up for a recurring membership. I understand this is a subscription service and I will be billed based on the plan I purchased (monthly, quarterly, or yearly). I understand that I will be charged each period on the same day that I signed up (or within 48 hours before or after the date depending on processing). Example: If I signed up on the 15th of May, I will be charged again on the 15th of June, the 15th of July, and so on until I cancel my membership.

 

• Cancellations. I understand that I can cancel my membership at any time. I understand that cancellation requests MUST be submitted using the Cancellation form at least 48 hours prior to my scheduled payment date. I understand if I do not cancel 48 hours prior to the scheduled payment date, I am not guaranteed the next payment will be prevented. It is my sole responsibility to make sure when I cancel it is prior to 48 hours of my next scheduled payment. I understand that there are no partial period refunds, and that cancellations will be processed immediately. The first payment is nonrefundable.

 

Once the Cancellation request has been submitted, I understand that I will be unable to access the community once my request has been processed. Due to system limitations, www.mitchellpehlke.com is unable to honor requests to cancel on a future date. If I wish to retain login privileges until my next billing date, it is my responsibility to fill the cancellation form out at the appropriate time.

1. NO REFUNDS DISCLAIMER: Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy unless otherwise mentioned in the offer. You cannot order and then ask for a refund straight away. Within minutes of ordering you will be able to download years worth of our effort and knowledge. None of the content is ‘drip fed’ you get all of it right away. There is no un-doing that once you access the members

area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. Cancellations will begin during the next scheduled payment period. By purchasing this membership you are agreeing to these terms and conditions. To cancel, fill out the Cancellation

form at least 48 hours prior to your renewal date. NOTE: Cancellations near major holidays are excluded from the 48 hour window. You must cancel between 3-5 days before any major US holidays. Holidays include but are not limited to Christmas Eve, Christmas, New Years Eve, New Years Day, Thanksgiving (including the day before and weekend after), Bank Holidays, and all holidays recognized by the Government and major religious groups.

 

1. Video and Audio Content

 

Our websites may contain one or more videos and/or audio recordings (individually and collective hereinafter referred to as the “Recordings”). This

 section describes our respective rights and responsibilities with regard to the Recordings.

j1) Recordings Are For Entertainment And Informational Purposes Only All Recordings are to be watched and/or listened to for informational and

entertainment purposes only. Recordings are not intended to provide specific legal, financial, tax, physical or mental health advice, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.

 

j2) Embedded Recordings From External Social Media Sites Not Owned By Us

 

Some of the Recordings embedded for your viewing and listening pleasure are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as YouTube.com (individually and collectively, the “Third Party Social Media Sites”).

 

We make no claim to the intellectual property rights of the owners of Third Party Social Media Sites. We also make no claim to the intellectual property rights of third party creators of Recordings hosted on Third Party Social Media Sites. Our embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third Party Social Media Sites.

 

Embedding Recordings on this website does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party.

 

Recordings are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that Third Party Social Media Sites may track your viewing and listening habits.

 

If Recordings embedded on this website were created by us but are hosted on Third Party Social Media Sites, we retain all intellectual property rights for such Recordings except to the extent we granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to

 the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.

 

j3 Embedded Recordings Owned By Us And Hosted On Our Servers Or Third Party Servers Excluding Third Party Social Media Sites

 

Some of the Recordings embedded for your viewing and listening pleasure may be created by us and hosted on our servers or third party servers. This may include, but is not limited to cloud hosting services from Amazon.com or others but excludes the Third Party Social Media Sites described above.

 

We own the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. We make no claim to the intellectual property rights of the owners of third party servers who by contractual agreement are hosting our Recordings for us.

 

Hosting our Recordings on third party servers does not create an association, agency, joint venture, or partnership between us and the owners of those servers, or impose any liability attributable to such a relationship upon either party.

 

Recordings only provided for your convenience. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that we and/or the owners of third party servers hosting the Recordings may track your viewing and/or listening habits.

 

j4 Personal Non-Exclusive Revocable Nontransferable License

 

When you watch or listen to the Recordings on this website, you understand and agree that you are doing so pursuant to a personal non-exclusive revocable nontransferable license from us to do so.

 

The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. You understand and agree that the Recordings may not be resold by you or otherwise distributed with or without consideration. You will not make the Recordings available to any third party. You may not reproduce or summarize any of the Recordings in any manner.

 

You agree to destroy any of the Recordings cached on your computer or otherwise in your possession within 24 hours of watching or listening to said Recordings. Notwithstanding this provision, you agree to immediately destroy any Recordings in your possession upon material violation of the terms and conditions contained in this document, or upon request by us that you do so.

 j5 Broken Or Obsolete Recordings

 

We review our website periodically for broken or out-of-date Recordings. Any and all Recordings may be posted, altered, or removed at any time. To report problems with Recordings on our website, or for more information, please send an email to [email protected].

 

j6 “Shelf Life” of Digital Products

 

Handmade & Beyond digital training, educational, and entertainment products have a shelf-life of 12 months. Meaning that if you purchase a digital information product from us, you should expect these links, documents, manuals, eBooks, articles, videos, software and other digital information or productivity items to be live, accessible and usable for a period of 12 months following your purchase.

This “Shelf Life” does not apply to recurring memberships. Recurring memberships will remain active, accessible, and usable for an ongoing basis as you remain current with your membership dues. Failure to pay your membership dues may result in termination of your account and a loss of any/all data stored or entered therein. You may be required to rejoin at higher rates. Old content will be removed from time to time from membership areas and discontinued.

This information will be unaccessible even to lifetime members.

 

 

j8 Licensee Status

 

You understand and agree that your use of our website is limited and non- exclusive as an individual nontransferable revocable licensee. We may, within our sole discretion, terminate your license to use our website, and access to our website, for any reason or no reason whatsoever, and without giving you notice. This includes lifetime member access.

 

j9) Content Ownership

 

All content on our website is owned by us or our content suppliers. This includes all forum posts, topics, replies, posts, etc. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

 You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by email

to [email protected].

 

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an email to [email protected], or by sending postal mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

 

1. REFUND POLICY

Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy. You cannot order and then ask for a refund straight away. Within minutes of ordering, you will be able to download years worth of our effort and knowledge. None of the content is ‘drip fed’ – you get all of it right away. There is no undoing that once you access the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products.

NOTICE: SELECT promotions may include a 30 to 90 day money back guarantee. This money back guarantee is subject to change and must be marked on the promotion page at the time of purchase. Conditions may include proof that the user gave his or her best effort to take action on each training video, participated in the community on a regular basis during the trial, and made every effort to succeed.

MITCHELL PEHLKE MENTORSHIP CANCELLATION POLICY

If you are dissatisfied with your purchase for any reason, you will be able to cancel any future community membership payments as long as you submit the request through the cancellation form at least 48 hours prior to the payment processing date. We cannot guarantee your cancellation request will be processed in time if it occurs within 48 hours of 12:00am EST on the billing date. The billing process is automated, but the cancellation process must be handled manually.

There will be no partial (or prorated) refunds on monthly OR annual payments. Cancellations will be effective immediately once the cancellation

request has processed.You will be unable to log in at that time. If you did not submit your cancellation request in

time and the current month’s payment has already processed, we will not issue a refund for the current month or reinstate your membership until the next billing cycle.

We highly recommend that you ask questions before purchasing to make sure the community is right for you BEFORE purchasing.

 If you cancel and then decide to join again at a later time, you will be reinstated at the current membership rate, regardless of any special offers or discounts you received in the past.