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Term of Service

Policies and Procedures

Hours of Operation is Monday – Friday 9 a.m. – 4 p.m. EST

Click here to message support.

Last updated: February 22, 2024.

We close for all government observed holidays and/or days surrounding depending on the exact day of the week for said holiday.

All content and coaching-related questions shall be asked in the designated private group. Any tech-related questions (password, account, billing, etc.) MUST be sent to the support desk. ALL SUPPORT AND COACHING REQUESTS SENT THROUGH SOCIAL MEDIA WILL BE IGNORED.

This policies and procedures applies to MattWacek.com, NicheAgencyTraining.com, NicheAgencyBlueprint.com, Niche Agency Blueprint (any ventures owned and managed by Diversified Media Brands, Inc.) products and services. 

Any references to the term “the Company”, “We”, “Us”, refers to Diversified Media Brands, Inc. 

Any references to the term “Purchaser”, “Student”, “Client”, “User”, “Member” or similar refers to the Customer/Buyer.

Company Mailing Address:

Diversified Media Brands, Inc.
5450 Bruce B. Downs Blvd #229
Wesley Chapel, FL 33544

The Company reserves the right to remove any customer and/or member from its training products at any time when deemed fit. This is commonly due to a conflict of interest or similar, and in the event of this occurring, the customer will be refunded and removed from the training program and coaching group.

Refunds For The Niche Agency Blueprint

The Niche Agency Blueprint training is a “self-study” program in which a user consumes the content at their own pace as each training module
becomes available (many are in drip-fed fashion and the duration of content being unlocked is determined by the Company). We stand fully behind the ability of our courses to get you results when you spend the time studying and implementing what you learn. Because of this we simply ask that you give the course a fair attempt.

Action-Based Refund Requirements

The conditions for the action-based refund are as follows:

1 – User must complete, to the satisfaction of Diversified Media Brands, Inc., in its sole and absolute discretion: All available modules of the Niche Agency Blueprint Course via videos and exercises. Tracked usage will be applied to each customer.

2 – User must have verified attendance or verified viewings of the 4 coaching calls per month, and participate in our private coaching group with a minimum of 1 post per week.

3 – User must make at least a verifiable attempt to create a marketing service agency business.
This includes:
-Registering a website domain (if the user does not already have one)
-Building out a website and/or sales funnel for their marketing company as shown in the training
-Publishing at least 3 (three) “long form” videos YouTube as instructed in the training (as a means to attract prospective clients)
-Reaching out to at least 3 (three) businesses in the industry selected as the User’s “niche”, “vertical”, and/or “industry” they’d like to serve with their marketing agency in an effort to obtain their first “trial” client – offering their service for a low-cost or free in exchange for the user’s client provide a testimonial.

4 – User must document, to the satisfaction of Diversified Media Brands, Inc., what they learned and implementation steps taken by completing assessments within the training and note taking where applicable.

5 – Make an honest attempt. This means you put effort in over the 30 day period.
-An example of an “honest” attempt would be applying work over a 30 day period and participating in the training.
-A dishonest attempt example would be waiting until day 29 and then throwing a website together, clicking through the training videos and aimlessly send messages to businesses, throw together a YouTube video(s) to attract prospects/clients, or another example would be sending a refund request without partaking in any of the training or coaching.

We are extremely lenient on this and as long as you put in some sort of genuine effort, we are more than happy to issue your refund.

Proof of completing action-based refund requirement tasks is required to be submitted to support desk and/or email with attachments including but not limited to website address(es)/URLs to video and web content created for their agency, imagery, word or Google documents, or PDFs.

6 – If the User has successfully acquired a booked “sales call”, otherwise referred to as “discovery call”, “qualification interview”, “strategy session” or similar term for a video or audio call with a prospective client that has interest in the user’s “trial offer”, and/or purchasing the student/user’s services, the ‘Black and White Action-Based Guarantee’ is null and void.

6 – If the User downloads the “sales script” and/or “client service agreement”, which may otherwise be referred to as a “sales playbook”, “strategy session script”, “qualification interview script”, “discovery call script” or similar for the sales document, or “contract template”, “client contract template”, client agreement template” or similar term for the “client service agreement”, in which the Company is sharing very confidential documents with the User, the ‘Black and White Action-Based Guarantee’ is null and void.

The purpose of the guarantee is to make incentives for users to follow the program, take action, and successfully attract leads. If user has done everything in steps one through six, user must schedule and attend via Zoom or other web teleconference software (on their computer, in a distraction-free environment) with Matt Wacek or qualified representative from the Company in order to receive a refund. User must attend the scheduled call, if the user does not arrive to the teleconference within 5 (five) minutes of the scheduled time, it is considered a “no show” and the ‘Black and White Action-Based Guarantee’ becomes null and void. If the user must reschedule the originally scheduled call, it must be done at least 1 (one) business day and/or 24 (twenty-four) business hours in advance.

If and only if, User qualifies by completing all required tasks to the satisfaction of Diversified Media Brands, Inc., in their sole and absolute discretion, Diversified Media Brands, Inc. will, refund their purchase of all materials. If this happens, user shall not be entitled to any of the training material(s), live coaching sessions, group posts and engagement, or training within the Niche Agency Blueprint training portal.

Final Notes on Action-Based Guarantee

If our support can clearly see the member has put together a business while not following directions or has not put in consistent effort over the 30 days, the Company reserves the right to deny any refund. Consistent effort is defined by the following: Being able to show work done daily on a consistent basis. An example of what the Company defines as lack of consistent work is: not doing any work and waiting until the last 2 days in the 30 day guarantee to put together a low effort business and low effort marketing in order to abuse the action based guarantee.

All criteria for meeting our action-based refund must be provided to our support staff via the support desk. The Support staff will not go looking for any information not will information submitted outside of the chat widget be considered when assessing the validity of a refund request.

We are DEDICATED to your success and want you to use the training and organizational products. We have no intention of with holding refunds to people who have made an honest attempt and found this business model is not for them. If you are having problems please tag our coaches in the dedicated coaching group, we are standing by ready to solve any issue you might have and to help you move forward.

If a, student/member and/or user is unable to close their own sales or lacks the ability or circumstance to attain and/or acquire sales, this is not grounds for a refund. All refund conditions listed above must still be met and within the specific thirty (30) day time window.

100% money back guarantee covers price of the training product only.

Once a return is received or valid refund request submitted, the refund process will take no more than 30 days (average of 5-10 business days from start to completion).  All refunds will be either returned to the original debit/credit card OR Paypal account ONLY.

For any training, membership, and educational course purchases, you have THIRTY (30) Days from the date of the original purchase to return the product and receive your refund. Any return after day thirty (30) will not be processed.

Proprietary Information

The video and/or written material, downloadable items, sales scripts and other content (hereinafter referred to as the “Content”) accessible from this site, any and all training products, both paid and free, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content.

Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent from the Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

By purchasing training materials and/or products from the Company, the purchaser agrees to keep the information presented confidential and not shared with third parties outside the User’s own organization and/or their business, as a means to grow their own “local marketing agency” and/or “digital marketing service company” ie. a business model that is taught by the training product/materials. The Company reserves the right to pursue legal action against any party that distributes or provides unauthorized sharing of the Content.

Charge-Backs and Disputes

The material(s) offered by the Company is copyrighted and as such needs to be protected robustly. All buyers of any product who subsequently do not use it, or fail to provide proof of having utilized the process then file any kind of dispute, whether via their bank, Stripe, PayPal or other means, and stating item not as described, or other reasons relating to the content of the package, will be defended against and we also reserve the right to commence any potential legal action for attempting fraudulent refund claims.

If you file a fraudulent dispute or charge-back, you forfeit your refund and your account will be reported to your bank(s) as fraud, sent to collections, and/or possibly pursued legally. Past 30 days, absolutely NO refunds will be considered.

Subscriptions and Payment Plans

Upon cancellation of any subscription, a user’s log in access to any and/or all content related but not limited to that subscription, payment plan product, private mastermind communities/groups, webinars, etc. will no longer be available to them.

Any and all products/services on a multiple month payment plan are to be paid every 30 days or the same designated date the following month for the set period of the amount of months agreed upon at the time of purchase, via the credit/debit card or PayPal account that was submitted by the user/customer.  By purchasing and/or signing up for any of these programs, the user/member acknowledges the fact that he and/or she is aware of these recurring charges every 30 days in order to continue access to subscription/recurring based products and will be aware of the upcoming payment dates.

In the event of a payment failure as part of multiple month payment plans, installments, and/or recurring monthly services, access to the product and/or service(s) is immediately revoked, all services will be halted until payment is made to bring the customer’s account balance due to zero dollars ($0.00) for the current installment.

In the event of a potential refund for a product purchase on a monthly membership/continuity/recurring membership, it will only be processed for account cancellation during the month that cancellation was requested.  Ex. If a member joined a continuity membership program on April 1 and paid for the first month’s access, then continued through the month of May, and June until the 15th (fifteenth), to then contact the Company. via support that the user/customer/member wants to cancel said membership/continuity program and requests any refund, it will be for the month of June only.

We have this guarantee to protect the value of our information, coaching and services. It is our responsibility to train you and coach you to the best our efforts. It is your responsibility to apply the training, coaching and utilize the services provided. If you do not get results after applying, then it is our fault and we will happily refund you. If you do not apply the training it is unfortunately your fault.

As long as you intend to use this program and do the bare minimum above you you have absolutely zero risk.

Indemnification

By electing to have the Company provide training and services, customer agrees to hold harmless, the Company and/or its affiliates, associates, employees, or contractors of any type of issue that could arise from a user using their website or a visitor of the website that is owned and/or controlled by the student/member/user.

You agree to hold harmless the Company for any and all claims made or services fulfilled or any circumstance that may occur as a result of building what is hereby referred to as a “Marketing Agency”, “Advertising Agency”, “SMMA”, or similar. The Company is not responsible for any of the actions or events that may occur as a result of a user’s use on any website and is not responsible for any wrongdoing, right doing, or any actions a contractor and/or a company may or may not do as a result of a person using your website to search for a local company and/or service provider as the website entails.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By purchasing, accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. The website owner, its affiliates, employees, associates, and/or any other party involved in the creation and/or management of this website is not responsible for any action taken after visiting this website such as the phone calls made from this which are directed to a call center then to a qualified service provider in your area. Until noted other wise, contact form submissions are stored on our private server. We do not sell, rent, or share any of the information shared through our contact or lead generation forms with any other party(ies).

Testimonials

We also reserve the right to use your testimonials in our marketing material as we see fit for our promotional material, in most instances this will be a screen capture image that was posted into the private coaching group or user submitted video if elected. Sensitive information such as last name, location, company name etc. can be blurred/blocked out if requested.

Additional Terms

By Purchasing Any and/or All of Our Products The Buyer Agrees To These Terms Listed on This Page

These Terms of Service (“Terms”) are between the entity or entities individually and not jointly (“Matt Wacek/Diversified Media Brands,
Inc.”), and the customer, on behalf of itself and its applicable Affiliates (“Customer”). The company “Matt Wacek/Diversified Media Brands, Inc.” reserves the right to refuse service to anyone, and reserves the right to close any and/or all websites containing content when they realize the time is justified.  The authorized party signing or electronically submitting the Order or accessing the Services represents that it has the authority to bind the Customer and understands and agrees to the Order, these Terms, and the applicable Service Descriptions (collectively the “Agreement”).  Any persons, parties, organizations, and/or companies (but not limited to) that purchase a product from the Website/Company agree to sign up for the Company’s promotional newsletter email list featuring training, blog updates, promotions, and more.  If a user wishes to unsubscribe from the
email list, they may do so by simply following the protocol listed at the bottom of each email that is dispatched out.

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Lifetime Access is defines as a period of 3 (three) years. Though unlikely to occur, should the training modules be removed for any reason, the Company will allow for the lessons to be downloaded by the Student/User/Customer within a period of 3 months from date of announcement to download.
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Customer Service: If you have questions or comments regarding the Company’s products or services, please email us at our support desk.

IMPORTANT!  

THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

Access To This Site

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions On Use

You may use this site for purposes expressly permitted by this site.  You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of our Company.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company.  Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites.  Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.  Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site.  Some links may be affiliate links in which the Company receives a portion of the sales/customer acquisition and more but not limited to: made from purchases on said site or information collection.  The Company reserves the right to include affiliate links including but not limited to: any portion of the website, blog, social media, videos, etc.  By visiting this site, the user and/or visitor acknowledges the fact that affiliate links may be present.

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  The Content is provided “as is” and without warranties of any kind, either expressed or implied – our Company is to be held harmless from any and all events, mistakes, mishaps, happenings that may occur but not limited to as a result of viewing any content on this website or from any of its products, affiliate’s offers/products, social media, video uploading websites.  Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT.  Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.  Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise.  The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time.  You, and not our Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.  Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company.  Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

-You do not have the right to post, including proprietary material of any third party;

-Advocates illegal activity or discusses an intent to commit an illegal act;

-Is vulgar, obscene, pornographic, or indecent;

-Does not pertain directly to this site;

-Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

-Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

-Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

-Violates any law or may be considered to violate any law;

-Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

-Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

-Solicits funds, advertisers or sponsors;

-Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

-Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

-Includes MP3 format files;

-Amounts to a ‘pyramid’ or similar scheme;

-Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or

-Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

-By purchasing our products, services or software you hereby grant the Company permission to use your testimonials, earnings reports, and/or any other image of your testimonials/earnings report as part of our marketing and advertising. If you create a video testimonial, we reserve the right to use it as part of our marketing and advertising.

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for the content of your submissions.  You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

Security

Any passwords used for this site or training hub are for individual use only. Accounts are not allowed to be shared with anyone other than the purchaser. You will be responsible for the security of your password (if any).  Company will be entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Minnesota, United States of America, notwithstanding any principles of conflicts of law.  You specifically consent to personal jurisdiction in any states in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof.  The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Minnesota.  If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforce-ability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.  Company may revise these Terms of Use at any time by updating this posting.

Copyright © 2023 – Diversified Media Brands, Inc. – All Rights Reserved

Product License Agreement

1. This is an agreement between MattWacek.com and Diversified Media Brands, Inc. (Licensor) and you (Licensee), who is being licensed to use the Matt Wacek/Diversified Media Brands, Inc. products of any kind.

2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the product.

3. This License permits Licensee to install or use the Product on two computer systems at the same time. Licensee will not make copies of the Product or allow copies of the Product to be made by others, unless authorized by this License Agreement. Licensee may NOT make copies of the Product.

4. THE PRODUCT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE PRODUCT OR THE USE OR OTHER DEALINGS IN THE PRODUCT.

5. LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS PRODUCT. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.

6. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.

7. Licensor has the right to terminate this License Agreement and Licensee’s right to use this Product upon any material breach by Licensee.

8. Licensee agrees to destroy all copies of the Product upon termination of the License.

9. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Product. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Product.

10. This License Agreement is governed by the law of The United States applicable to Minnesota contracts.

11. This License Agreement is valid without Licensor’s signature. It becomes effective upon Licensee’s use of the Product.

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