Mastermind Terms & Conditions

These Terms and Conditions of Use Agreement (“Terms and Conditions of Use”) are entered into by and between CLIENT (“Client”) and SANDRA FUNK LEVY, LLC D/B/A HOUSE OF FUNK (“Company”). 

The following Terms and Conditions of Use, together with any documents they expressly incorporate by reference, govern the Client’s access to and use of the Mastermind Group (the “Mastermind”), including any content, functionality, and/or services offered on or through modules, zoom meetings, webinars, in-person meeting, etc. and/or any other aspect of the Mastermind as a registered user.  As a condition of gaining access to and using the Mastermind, the Client agrees to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

The Client acknowledges and agrees that he/she/it has read these Terms and Conditions of Use carefully before purchasing and/or starting to use the Mastermind.  By signing to accept or agree to the Terms and Conditions of Use when this option is made available and/or by using the Mastermind, the Client accepts and agrees to be bound and abide by these Terms and Conditions of Use.  The Client further acknowledges that the Company may revise and update these Terms & Conditions of Use from time to time in its sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Mastermind thereafter. 

These Terms and Conditions of Use shall commence and be enforceable with respect to the Client upon the date that the Client initially registers for the Mastermind and/or signs the Mastermind Agreement.

Accessing the Mastermind and Account Security

The Client is responsible for: (1) making all arrangements necessary to have access to the Mastermind, including but not limited to monitoring Spam email folders for Company correspondence and (2) ensuring that all persons who access the Mastermind through the Client’s Mastermind registration are aware of these Terms and Conditions of Use and comply with them. Mastermind session recordings will not be provided due to the nature of business discussion.

The Client agrees that all information provided to register with the Mastermind or otherwise, including, but not limited to, through the use of any interactive features of the Mastermind, is governed by the Company’s Privacy Policy, and the Client consents to all actions the Company takes with respect to the Client’s information consistent with the Company’s Privacy Policy.

Enrollment in the Mastermind

The Company offers enrollment in the Mastermind on a rolling basis.The Mastermind groups are curated and started at the Company’s discretion. 

Payment

As consideration for the purchase of the Mastermind, or any ancillary purchase, the Client shall pay the Company all applicable fees and taxes. The Company (or its third-party payment processor) shall authorize the Client’s credit card, bank account, or other approved payment facility provided during the registration process for the full payment of the fees and any applicable taxes, and the Client hereby consents to the same.  The Client must provide current, complete, and accurate billing and credit card information. The Client must promptly update all billing information (such as billing address, card number, and expiration date) to keep the account current, complete, and accurate, and the Client must promptly contact the Company if the credit card is lost or stolen, or if the Client becomes aware of a potential breach of account security (such as an unauthorized disclosure or use of sign-in name or password). The Client hereby authorizes the Company to obtain or determine updated or replacement expiration dates for the Client’s credit card in the event that the credit card provided expires. The Company reserves the right to charge any renewal card issued to the same extent as the expired card. If payment is not received from the credit card issuer, the Client hereby agrees to pay all amounts due upon demand. The Client agrees to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which the Client will be responsible to pay. The Client is advised to check with his/her/its bank and credit card issuer for details.

Please note: A Client may opt to secure their place in the Mastermind prior to an Open Enrollment Period only if the Client pays a non-refundable deposit at the time of registration and authorizes, in advance, the charge for the remaining balance of the full Mastermind Fee monthly over 11 months.

Refunds

You may cancel your purchase of the Mastermind after 30 days written notice.  There will be no refund for past months payments since this is a pay as you go group and services will have already been rendered.If you wish to cancel your purchase you must notify us of your decision to cancel at sandra@interiordesignstandard.com in writing. 

Intellectual Property Rights

The Mastermind and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms & Conditions of Use permit the Client to use the Mastermind.  The Client must not reproduce for resale, redistribute to any unauthorized person(s) or entity(ies), improperly modify, publicly perform, republish, or transmit any of the material of the Mastermind.

No right, title, or interest in or to the Mastermind or any content on the Mastermind is transferred to the Client, and all rights not expressly granted are reserved by the Company. Any use of the Mastermind not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

The Client may use the Mastermind only for lawful purposes and in accordance with these Terms and Conditions of Use.  The Client agrees not to use the Mastermind:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Mastermind, or which, as determined by us, may harm the Company or users of the Mastermind, or expose them to liability.

Additionally, the Client agrees not to:

• Use the Mastermind in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Mastermind, including their ability to engage in real time activities through the Mastermind.
• Use any robot, AI (ChatGPT, OtterAi, etc.), spider, or other automatic device, process, or means to access the Mastermind for any purpose, including monitoring, transcribing or copying any of the material on the Mastermind.
• Use any manual process to monitor or copy any of the material on the Mastermind, or for any other purpose not expressly authorized in these Terms and Conditions of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Mastermind.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Mastermind, the server on which the Mastermind is stored, or any server, computer, or database connected to the Mastermind. 
• Attack the Mastermind via a denial-of-service attack or a distributed denial-of-service attack.

User Contributions

The Mastermind will contain discussion groups, Facebook live videos, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) through the Mastermind.  All User Contributions must comply with these Terms and Conditions of Use.

The Client understands and acknowledges that the Client is responsible for any User Contributions submitted or contributed, and the Client has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by the Client or any other user of the Mastermind.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to the Client or any third party, for the content or accuracy of any materials provided by any third parties.

Standards and Enforcement

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• 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 and our Privacy Policy.
• Be likely to deceive any person.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent the Client’s identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• Engaging in any form of bullying, including but not limited to verbal abuse, personal attacks, or intimidation towards other participants.
• Harassing, threatening, or stalking fellow Mastermind members.
• Discriminating against or belittling individuals based on their race, ethnicity, gender, sexual orientation, religion, or any other protected characteristic.
• Monopolizing the discussion time excessively and preventing other participants from sharing their thoughts or seeking help.
• Ignoring the principles of equitable participation and fairness by constantly dominating conversations without giving others a chance to contribute.
• Engaging in disruptive actions that hinder the progress of the Mastermind session or disturb other members.
• Intentionally providing false or misleading information to misguide or confuse other participants.
• Spamming, soliciting, or promoting unrelated products, services, or content within the Mastermind community.
• Sharing sensitive or confidential information about other participants or their businesses without explicit permission. Any information shared during Mastermind sessions, discussions, or interactions should be considered confidential unless explicit permission is obtained from the individual or individuals involved.
• Using information obtained during Mastermind sessions for personal gain or to the detriment of others.
• Providing feedback or criticism in an excessively negative, disrespectful, or non-constructive manner.
• Insulting or degrading the ideas, opinions, or achievements of other Mastermind members.
• Recording or distributing Mastermind sessions, materials, or conversations without the explicit consent of all involved parties.
• Sharing Mastermind content outside the designated platform without proper authorization.
• Engaging in any behavior that is inconsistent with the spirit of the Mastermind community, disrupts the learning environment, or hampers the growth of its participants.

By participating in the Mastermind, you acknowledge and agree to treat all confidential information shared by other participants as confidential and proprietary. You shall not disclose, share, or distribute any confidential information obtained through the Mastermind to any third parties without the express written consent of the individual or individuals involved.

Confidential information includes, but is not limited to, business strategies, financial information, customer data, trade secrets, product development plans, marketing strategies, and any other proprietary information disclosed by participants.

This confidentiality obligation extends beyond the duration of the Mastermind program and remains in effect indefinitely.

Any breach of confidentiality obligations may result in immediate termination of your participation in the Mastermind program and may be subject to legal actions seeking remedies for damages caused by the breach.

The Company has the right to:

• Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
• Take any action with respect to any User Contribution that the Company deems necessary or appropriate in our sole discretion, including if the Company believes that such User Contribution violates the Terms and Conditions of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Mastermind or the public, or could create liability for the Company.
• Disclose the Client’s identity or other information about the Client to any third party who claims that material posted by the Client violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Mastermind. 
• Terminate or suspend the Client’s access to all or part of the Mastermind for any violation of these Terms and Conditions of Use.

Without limiting the foregoing, the Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the Mastermind. 

THE CLIENT WAIVES AND HOLDS HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, the Company cannot review all material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

No Guarantees.

Nothing contained in the Mastermind shall be construed as a warranty or guarantee on the part of the Company that any success or other specific results will be achieved by the Client.  In addition, prior results, i.e. testimonials, do not predict future outcomes.  The Company does not warrant that the use of the Mastermind will have any specific results.  The Company disclaims all liability and responsibility arising from any reliance placed on such materials by the Client or any other Authorized User of the Mastermind, or by anyone who may be informed of any of its contents.  

The Client agrees to take full responsibility for any harm or damage the Client suffers as a result of the use, or non-use, of the information available in the Mastermind. The Client agrees to use judgment and conduct due diligence, including but not limited to seeking independent legal and financial advice, before taking any actions or implementing any plans or policy suggested or recommended in the Mastermind.

Geographic Restrictions

The Company is based in the State of Tennessee in the United States. The Company provides this Mastermind for use by persons located in the United States and Internationally.  If the Client accesses the Mastermind from outside the United States, the Client does so on his/her/its own initiative and is responsible for compliance with local laws.

Disclaimer of Warranties

The Company makes no warranties regarding the performance or operation of the Mastermind, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Mastermind. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

The Client understands and agrees that the Company cannot and does not guarantee or warrant that files available for downloading from the Mastermind will be free of viruses or other destructive code. The Client is responsible for implementing sufficient procedures and checkpoints to satisfy his/her/its particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE CLIENT’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE CLIENT’S USE OF THE PROGRAM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM OR TO THE CLIENT’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PROGRAM LINKED TO IT.

THE CLIENT’S USE OF THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM IS AT THE CLIENT’S OWN RISK. THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PROGRAM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PROGRAM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PROGRAM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM WILL OTHERWISE MEET THE CLIENT’S NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE CLIENT’S USE, OR INABILITY TO USE, THE PROGRAM, ANY PROGRAMS LINKED TO IT, ANY CONTENT ON THE PROGRAM OR SUCH OTHER PROGRAMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

The Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the Client’s violation of these Terms and Conditions of Use or the Client’s use of the Mastermind, including, but not limited to, the Client’s User Contributions, any use of the Mastermind’s content, services, and products other than as expressly authorized in these Terms and Conditions of Use, or the Client’s use of any information obtained from the Mastermind.

Governing Law and Jurisdiction

All matters relating to the Mastermind and these Terms and Conditions of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions of Use or the Mastermind shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, although the Company retains the right to bring any suit, action, or proceeding against the Client for breach of these Terms and Conditions of Use in the Client’s country of residence or any other relevant country. The Client waives any and all objections to the exercise of jurisdiction over the Client by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require the Client to submit any disputes arising from these Terms and Conditions of Use or use of the Mastermind, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Tennessee law.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Use will continue in full force and effect. 

Entire Agreement

The Terms and Conditions of Use and our Privacy Policy constitute the sole and entire agreement between the Client and the Company regarding the Mastermind and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Mastermind. 

Force Majeure

The Company shall not be liable or responsible to the Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.