Terms of Service

Updated: January 2020

Mastery of Home Design provides service to users through its website, www.winwithdesign.com subject to the following Terms of Service, which may be updated or modified by Mastery of Home Design at any time without notice to you. Whenever you access Mastery of Home Design website, you do so subject to the Terms of Service and all policies or procedures specifically incorporated herein by reference.

Acceptance of Service

Your use of Mastery of Home Design website constitutes your acceptance of and your agreement to abide by these Terms of Service. Do not use the website if you do not agree to the Terms of Service!

Description of Service

Mastery of Home Design website offers a comprehensive education and coaching service. The Service is provided “as-is” with no fitness implied for any use and no guarantee of reliability or durability. As an education-based service with ongoing updates based on user feedback, there may be problems of implementation or performance, commonly known as “bugs”. Mastery of Home Design strives to test, update, maintain, and optimize its system regularly so that the Service is delivered to users safely and effectively, but Mastery of Home Design makes no guarantees as to the quality, reliability or fitness for any particular purpose of its Service.

Mastery of Home Design Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy. The Privacy Policy is subject to change without notice and is specifically incorporated into the Terms of Service by reference.

Mastery of Home Design Proprietary Rights

You acknowledge and agree that the Service provided by Mastery of Home Design and all necessary software used in connection with the Service (“education”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through our website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Mastery of Home Design you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service provided by Mastery of Home Design or the Software, in whole or in part.

You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Mastery of Home Design website.

Grant of Limited License. Mastery of Home Design grants to you, the Licensee, and your listed users, a personal, nonexclusive, and nontransferable license to use the Service on a single computer or smart device at a time. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Mastery of Home Design for use in accessing the services.

Restrictions of Use. You understand that the Education and Service offered by Mastery of Home Design are wholly owned by Mastery of Home Design and/or its vendors or third party web sites and are protected by copyright and other laws in the United States and elsewhere. A Licensee may not copy or distribute the Software or Service to anyone, for any purpose, at any time. As a Licensee, you are permitted to the use of the Service for the number of users subscribed while they are paying for its use: there is no transfer of ownership or copyright. You agree that this License grant does not include the rights of modification, manufacture, distribution, sale, or sublicense. Mastery of Home Design reserves the right to cancel your Membership without refund if it is determined that you have violated this portion of the Terms of Service.

Trademarks & Copyrights

Copyright © 2020 Mastery of Home Design. Any rights not expressly granted in this Agreement are reserved for the exclusive use of Mastery of Home Design. The owner and manufacturer of Mastery of Home Design is located in Philadelphia, Pennsylvania. All other copyrights and trademarks appearing on the Mastery of Home Design website are the exclusive rights of their respective owners.

Copyright Violation Notice

Mastery of Home Design respects the intellectual property of others and we ask our subscribers to do the same. If any copyright owner believes that there is any intellectual property infringement on the Mastery of Home Design.com website, please contact us at support@masteryofhomedesign.com and we will investigate and change or drop the link immediately. If you believe that your work is accessible on the Mastery of Home Design service in a way that constitutes copyright infringement, you may notify us via email by providing Mastery of Home Design the following information:

1. A description of and the location of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

2. Identification of the specific language, image(s) or functionality on the Mastery of Home Design website or iOS App that you believe to be infringing;

3. Identification of the URL or other specific location on the Mastery of Home Design website or iOS App where that material is located;

4. Your name, title, organization, website address, mailing address, telephone number, and e-mail address;

5. 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;

6. 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;

7. An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest attesting to all of the above.

Indemnity

You agree to indemnify and hold Smart Bridge Consulting, LLC, its parent and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post, transmit or make available through the Mastery of Home Design website, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

Disclaimer of Warranties

1. Mastery of Home Design PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. MASTERY OF HOME DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. Mastery of Home Design MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mastery of Home Design OR THROUGH OR FROM THE WEBSITE OR iOS APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Mastery of Home Design SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Mastery of Home Design HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR SOLE REMEDY WILL BE TO TERMINATE YOUR MEMBERSHIP.

No Guarantee of Results

Mastery of Home Design is an educational resource to assist people interested in learning how to publish a book and for entertainment purposes. Because every situation is different, Mastery of Home Design cannot guarantee particular results from a user’s use of the Service.

Modification of Terms

The Terms of Service (and any agreement, rule, or policy incorporated by reference) may be modified by Mastery of Home Design at any time by publication through the Mastery of Home Design website or by sending you an email. You are responsible for regularly reviewing the Mastery of Home Design website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after 31 days of when such modifications have been posted or you have been alerted by email. In the event that you object to any material changes to the Terms of Service (or the terms and conditions of an incorporated policy or agreement), your sole and exclusive remedy will be to terminate your Membership and to cease using the services. Upon request, remaining subscriptions costs will, if cancelled due to a change of Terms of Service, not be billed.

Jurisdiction, Venue, & Interpretation

The Terms of Service shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Each party consents to personal jurisdiction and venue in Philadelphia County Court. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court of competent jurisdiction rules as invalid any provision of this agreement or the application of any provision to any person or circumstance, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service, the use of the Mastery of Home Design website or iOS Apps, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement

The Terms of Service constitute the entire agreement between you and Mastery of Home Design and govern your use of the Service offered by Mastery of Home Design. The Terms of Service supersede all prior agreements between you and Mastery of Home Design. You understand and agree that you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Mastery of Home Design to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.