SAVE THE DATE: Sleep Summit Oct 8-11, 2024

TERMS AND CONDITIONS FOR PURCHASE OF MMM PROGRAM

The following terms and conditions govern the purchase of the MMM Mattress Mentorship Mastermind program (hereinafter “MMM Program” or “Program”) sold by Marks Media LLC, d/b/a The FAM with a physical address of 502 Southwest 3rd Street, Bentonville, Arkansas (hereinafter referred to as “Seller”).

I. PURCHASE: By purchasing the MMM program, you acknowledge and agree that you are receiving a unique offer not available to the general public.

By purchasing this program, you covenant and agree that you will not share, distribute, or allow access to the MMM Program content to anyone other than yourself, the purchaser and/or the partner (if purchased) as a part of your initial purchase. 

You understand that a failure to abide by these terms permits the Seller to immediately revoke your access to the MMM Program without a refund. 

II. PAYMENT TERMS: You agree to pay the program price as advertised, either as a one-time lump sum payment or as a fixed monthly payment over the agreed upon duration. The purchaser acknowledges that the full price is due regardless of whether paid upfront or over a period of time. Once purchase is complete, all sales are final, and no refunds will be provided.

Further, you agree, warrant, and represent Seller are permitted to charge your credit card or debit your bank card for the authorized amount in the cadence you have selected. In the event of insufficient funds or other payment failure resulting in a chargeback or reversal, you agree that:

By making your purchase, you agree to these payment terms and represent that you have sufficient funds to complete the transaction.

III. PROGRAM ACCESS: Upon completing your purchase, you will receive credentials to access the MMM program portal and materials. 

  1. Access Credentials. Upon completing your MMM program purchase, you will be issued a unique username and password to access the program portal and materials.
  2. Single User Access. The access credentials are intended solely for your individual use as the purchaser. You may not distribute or share your credentials with any other person for any reason. 
  3. If you have purchased the Partner Add-On (for a business partner or spouse), separate access will be supplied for the additional recipient. The Partner is bound by the same rules, restrictions, and responsibilities as it relates to all parts of these terms, but most specifically, access to the program. You acknowledge that if the Partner fails to abide by these terms, said conduct is grounds for revocation and removal for both participants of the program. 
  4. Account Security. You are responsible for maintaining the confidentiality of your access credentials. You agree to immediately notify Seller of any unauthorized account use or other breach of security.
  5. No Sharing or Transfer. Under no circumstances may program access, tickets, bonuses, events, or materials be shared, distributed, resold, or otherwise transferred to any party other than the original purchaser.
  6. User Conduct. You agree to abide by all published guidelines, FAQs, and conduct policies for use of the MMM program portal and materials. Prohibited conduct includes unauthorized sharing of access or materials, scraping/downloading of materials, abusive language, and violations of third-party rights.
  7. Revocation of Access. Seller reserve the right to revoke or terminate program access at any time for violations of these terms and conditions. No refunds will be provided if access is revoked due to user conduct violations.
  8. Ownership. All program materials and content remain the intellectual property of Seller before, during, and after any period of authorized access. Purchasers acquire no ownership or proprietary interest beyond the ability to view materials or attend trainings during the access term.

IV. PROGRAM TERM: Your access to the MMM program materials and portal will be for a six (6) month term, commencing on the date of your purchase. The program may not be paused at any time for any reason. 

  1. Access Expiration. Your access credentials will expire and cease to function after 11:59 p.m. on the date that is six (6) months after your purchase date.
  2. In-Person Trainings. As part of the MMM program, you may have the opportunity to attend in-person trainings on dates and in locations to be set forth by the Seller.
  3. Training Attendance. Attendance at the in-person trainings is highly recommended to maximize the value of your participation in the MMM Program, but is not mandatory. Dates are subject to change. Failure to attend the in-person training may result in less program effectiveness for which the Seller are not responsible.
  4. No Refunds. No refunds will be provided if you are unable to attend or choose not to attend the live trainings or any other portion of the MMM program. The 6-month program access term will remain in effect.

V. INTELLECTUAL PROPERTY: All program materials and content are the intellectual property of Seller. 

  1. Ownership:  All MMM program content, materials, trademarks, logos, branding, videos, documents, processes, ideas, concepts, and methodologies provided as part of the program (collectively, “IP”) are the intellectual property of Seller and protected by copyright, trademark, and other laws.
  2. Limited License: Purchasers are granted a limited, non-exclusive, non-transferable, revocable license to access and use the IP solely for their personal educational use and development during the 6-month access term. No other license or rights are granted.
  3. Prohibited Uses: Purchasers may not reproduce, distribute, publish, display, modify, create derivative works from, exploit, or otherwise use the IP for any commercial or non-personal purpose. Prohibited uses also include sharing access or materials with others in violation of Section 3 (a) – (g) reflected above. 
  4. User Content: Any user content submitted to the program portal or during the in-person trainings becomes the property of Seller and may be used in future promotional or educational materials.
  5. Trademarks: All Seller trademarks, logos, slogans, and branding may not be used by purchasers for any purpose without prior written consent of Seller.
  6. Violations: Violations of Seller’s intellectual property rights will result in revocation of program access without refund.

VI. CONFIDENTIALITY: Confidential Information includes any materials, data, strategies, code, concepts, ideas, methods, processes, or other information disclosed by Seller or obtained by Purchaser through the MMM program that is marked or otherwise designated as confidential, proprietary, or otherwise not for public dissemination.

Purchaser agrees not to disclose any Confidential Information, directly or indirectly, under any circumstances or by any means, to any third persons without the prior written consent of Seller.

VII. DISCLAIMERS:  Seller make no guarantees or warranties as to your ability to implement the program techniques or achieve any particular results. You assume full responsibility for applying the program content.

VIII. LIMITATION OF LIABILITY: In no event will Seller be liable for any damages arising from your participation in the MMM Program, whether direct, indirect, consequential, incidental, or otherwise.

  1. Disclaimer of Liability: In no event will Seller, their affiliates, or their respective owners, officers, directors, employees, consultants, agents, or representatives be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from or related to Purchaser’s participation in the MMM Program.
  2. Types of Damages:  The limitations apply to any damages arising under theory of contract, tort, strict liability, negligence, or otherwise, including without limitation damages for loss of profits, business interruption, loss or corruption of data, or personal injury.
  3. Extent of Liability: Under no circumstances will the total liability of Seller exceed the amount paid by Purchaser for the MMM Program within the past 6 months, regardless of the basis or theory of the claim.
  4. Release of Claims:  Purchaser releases Seller from any and all claims relating to Purchaser’s participation in the MMM Program, including but not limited to any injuries sustained while traveling to, from, or during the in-person trainings.

IX. INDEMNIFICATION: 

  1. Indemnification Obligation: Purchaser agrees to fully defend, indemnify, and hold harmless Seller, their owners, officers, directors, employees, contractors, agents, representatives and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including attorney’s fees) arising from or related to Purchaser’s participation in the MMM Program, including any breach of these terms by Purchaser and/or their Partner. 
  2. Scope of Indemnification: Purchaser’s duty to indemnify includes, but is not limited to, any third-party claims for property damage, personal injury, intellectual property infringement, misappropriation of trade secrets or any other damage type alleged against Seller related to Purchaser’s or their partner’s actions, omissions, or participation in the MMM Program.
  3. Assumption of Risk: Purchaser assumes full responsibility and risk for any injuries sustained during participation in the program, including the live trainings and online portal use.
  4. Cooperation & Control: Purchaser agrees to reasonably cooperate with Seller in the defense of any third-party claims. However, Seller reserves the right to select counsel and control the defense and any settlement thereof.
  5. Survival: This indemnification shall survive any termination of Purchaser’s participation or access to the MMM Program.

X. GOVERNING LAW: These terms and conditions shall be governed and interpreted according to the laws of the state of Arkansas and shall be held in a Court within Benton County, Arkansas. 

XI. ARBITRATION:  Any dispute relating to the purchase or participation in the MMM Program shall be submitted to binding arbitration in Arkansas according to the rules of the American Arbitration Association.

XII. MODIFICATIONS: Seller reserve the right to modify these terms and conditions at any time. Updated terms will be posted publicly.

Please indicate your acceptance of these terms and conditions by completing your purchase. 

XIII. FORCE MAJEURE: Seller shall not be liable for any failure or delay in performing their obligations under these Terms & Conditions if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, pandemics, or any other force majeure event.

In the event of a force majeure event, Seller’ obligations under these Terms & Conditions shall be suspended and any time periods for performance shall be reasonably extended. Seller agrees to make reasonable efforts to minimize the effects of a force majeure event.

If a force majeure event causes cancellation or postponement of the in-person trainings, Seller shall promptly reschedule the trainings or provide a reasonable alternate accommodation, such as virtual training. If Seller is unable to reschedule within 120 days despite reasonable efforts, the trainings may be canceled without refund or further obligation.

In no event shall Seller be responsible for any damages arising from a force majeure event, including but not limited to travel, lodging or other expenses related to delays or cancellations of the in-person training. Purchasers are advised to obtain appropriate insurance for such risks.

XIV. DATE OR PROGRAM CHANGES: Purchaser agrees and understands that the MMM Program dates or materials may be rescheduled, postponed, updated, an/or changed and said changes are at the sole discretion of the Seller without the occurrence of a force majeure event. Any costs, expenses or loss incurred by the Purchaser are not the responsibility of the Seller and Purchaser agrees to hold them harmless thereof. This provision allowing discretionary changes shall supersede any contrary terms in the force majeure clause of this agreement, under which changes are otherwise allowed only for enumerated force majeure events outside the reasonable control and without the fault or negligence of the parties.

XV. SEVERABILITY: If any provision of these Terms and Conditions is deemed invalid or unenforceable by a court of competent jurisdiction, that term will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The remaining terms and conditions will be valid and enforceable to the fullest extent permitted by law.

XVI: NON-WAIVER: The failure of Seller to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver by Seller of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

XVII. ACKNOWLEDGEMENT: By purchasing and participating in the MMM program, Purchaser affirmatively represents, acknowledges and agrees that: