TERMS OF USE

 

ABOUT US

Passive Income MD, LLC, henceforth referred to as “Passive Income M.D.”, “we”, “us” or “our” in these Terms of Use, operates https://passiveincomemd.mykajabi.com/ (the “Website”).

Our postal address is:
Passive Income MD, LLC
1718 Capitol Ave
Cheyenne, WY 82001
USA

These Terms of Use are a binding contract between you and Passive Income M.D.  Your access and use of the Website, including but not limited to informational and educational content, web applications, formatters, validators, encoders & decoders, converters, cryptography and security tools, string escapers and utilities, data generators and other web resources available on the Website (the “Contents”), constitute your acceptance of these Terms of Use in their entirety. If you do not agree with any of these Terms of Use, or the documents they refer to, you may not access or view the Website, nor utilize the Contents in any manner whatsoever.

You represent and warrant that you are an individual of legal age to form a binding contract.

Your usage of the Website and Contents is at your own risk, and Passive Income M.D. will not be liable for any damage you suffer as a result of such use. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to Passive Income M.D. at any time.

If our Terms of Use change in the future, we will post the revised version on our Website and update the “Last Updated” date at the top of these Terms of Use. If the changes are significant, you will be notified via email and/or a prominent notice on our Website. However, we encourage you to review these Terms of Use periodically to stay informed. If you disagree with any changes to these Terms of Use, you will need to stop using the Website and/or Contents and deactivate your account(s), if applicable, as outlined below.

YOUR ACCOUNT

You will need a set of account and password to access some of the Contents. You may create your own account at the signup page webpage at https://passiveincomemd.mykajabi.com/login.

You must protect the security of your account and your password. You acknowledge that you are responsible for the activities that happen on or through your account.

By selecting a product or service from the Website, you agree to pay Passive Income M.D. the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Purchases on the Website are not refundable.

If you wish to cancel your membership on the Membership Site, please notify us of your cancellation request to [email protected] at least fourteen (14) days before the beginning of the next monthly billing cycle, failing to do so would result in the monthly membership fees being automatically charged.

DISCLAIMER

The Website and Contents are provided “AS IS”, without any representations or warranties, express or implied.

Without prejudice to the generality of the foregoing paragraph, Passive Income M.D. does not warrant that:

The Website or any Contents contained therewith will be constantly available, or available at all; or

The information on the Website or in the Contents is complete, true, accurate or non-misleading.

Passive Income M.D. and its owners, presenters, and employees are not in the business of providing personal, financial, tax, legal or investment advice and specifically disclaims any liability, loss or risk, which is incurred as a consequence, either directly or indirectly, by the use of any of the information contained in the Website and Contents. Passive Income M.D., the Website, and Contents, do not provide any legal, accounting, securities, investment, tax or other professional services advice and are not intended to be a substitute for meeting with professional advisors. If legal advice or other expert assistance is required, the services of competent, licensed and certified professionals should be sought. In addition, Passive Income M.D. does not endorse any specific investments, investment strategies, advisors, or financial service firms.

LIMITATIONS OF LIABILITY

Passive Income M.D. will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the use of, or otherwise in connection with the Website, Contents or Communities, as defined hereinbelow, online or offline:

For any direct loss;

For any indirect, special or consequential loss; or

For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Passive Income M.D. has been expressly advised of the potential loss.

Passive Income M.D. is not responsible for any User Submissions, as defined hereinbelow, on Passive Income M.D.’s Website or any of its online communities (collectively, the online communities are hereinafter referred to as the “Communities”). User Submissions express the views of their authors only. You remain solely responsible for the content of your posted messages. Note that it is impossible for the staff or the owners of the Communities to confirm the validity of posts. Passive Income M.D. does not actively monitor the posted messages, and as such, is not responsible for the content contained within.

INTELLECTUAL PROPERTY AND CONFIDENTIALITY

The Website and Contents may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Website and/or Contents, shall be the exclusive ownership of Passive Income M.D.

You may use our Website only for the purpose of using the Contents as provided, for informational, personal and non-commercial purposes and for no other purpose. No materials from the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Passive Income M.D.’s prior written permission. You may not copy or distribute any graphics from the Website and/or Contents separately from their accompanying text, and you may not quote materials out of their context. The permission to use provided above does not include permission to copy the design elements, look and feel, or layout of the Website and/or Contents. All rights not expressly granted herein are hereby reserved by Passive Income M.D.

Any unauthorized use of the materials appearing on our Website or in our Contents may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.

Our Website and Contents, as well as Communities, contain functions that allow you submit feedback and participate in discussions with other users (the “User Submission”). You retain ownership of any intellectual property rights that you hold in such User Submissions. When you create, upload, submit, store feedback to or through the Website, Contents or Communities, you agree to give Passive Income M.D. a royalty-free, perpetual, sublicensable, irrevocable and worldwide license to use, host, store, reproduce, modify, translate and otherwise act with respect to such User Submissions to enable Passive Income M.D. to operate and improve its services.

USER SUBMISSION STANDARDS

Any and all User Submissions you make via the Website, Contents or Communities must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, they must comply with the following User Submission standards:

Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;

Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;

Not violate or try to violate the security features of the Website or Contents;

Not be likely to deceive any person;

Not promote any illegal activity, or advocate, promote or assist any unlawful act;

Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;

Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and

Not give the impression that they emanate from us or any other person or entity, if this is not the case.

A violation of any of the foregoing is grounds for termination of your right to use or access Passive Income M.D.’s Website, Contents and Communities.

Passive Income M.D. reserves the rights to remove or modify any User Submission submitted for any reason without explanation. Passive Income M.D. reserves the right to take action against any account with Passive Income M.D.’s Communities at any time.

PERSONAL INFORMATION

Your submission of personal information through our Website is governed by our privacy policy (the “Privacy Policy”). Please read our Privacy Policy here at https://passiveincomemd.mykajabi.com/pages/privacy-policy.

OTHER PARTIES

You accept that Passive Income M.D. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Passive Income M.D.’s directors, officers or employees in respect of any losses you suffer in connection with the Website or Contents.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms of Use will protect Passive Income M.D.’s directors, officers, employees, agents, affiliates, subsidiaries, successors, sponsors, assigns and sub-contractors as well as Passive Income M.D.

Passive Income M.D. shall not be responsible, directly or indirectly, for any third-party contests hosted on any of its Website.

Passive Income M.D. has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Passive Income M.D. of the site. Use of any such linked website is at your own risk.

ADVERTISING AND AFFILIATE PROGRAM

Passive Income M.D. may be compensated by companies mentioned through advertising, affiliate programs or otherwise on the Website, without any extra cost to you. Any references to third party products, rates or websites are subject to change without notice. Please do the appropriate research before participating in any third party offers.

WAIVERS

Failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.

SEVERABILITY

If any provision of these Terms of Use is, or is found to be, unenforceable under applicable law, it will not affect the enforceability of the other provisions of these Terms of Use.

GOVERNING LAW

These Terms of Use shall be governed and construed in accordance with the laws of the State of California, the United States of America, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms of Use shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the State of California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms of Use shall be entitled to costs and attorneys' fees.