Terms and Conditions
Welcom to the Social Emotional Health Online Training website (the "Site" owned and operated by Momentous Institute ("We", "Us", or "Our"). Please read the following terms and conditions of services ("Terms") carefully as they contain the legal terms and conditions that you agree to when you access and/or use the site. If you do not agree to be bounce by these Terms and Conditions, you should stop using the Website immediately.
In this Agreement the following terms shall have the following
"Account": means collectively the personal
information, payment information and credentials used by Users to access paid content and / or any
communications system on the website;
"Content": means any text, graphics, images,
audio, video, software, data compilations and any other form of information capable of being stored in a
computer that appears on or forms part of this website;
"Facilities": means collectively any online
facilities, tools, applications, services or information that Momentous Institute makes available through the website
either now or in the future;
"Services": means the services available to
you through this Website, specifically use of the Momentous Institute proprietary e-learning platform;
"Payment Information": means any details
required for the purchase of services from this website. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
"Premises": means our main office located at 106 E. Tenth St., Dallas, TX 75203;
"System": means any online communications
infrastructure that Momentous Institute makes available through the website either now or in the future.
This includes, but is not limited to, web-based email, message boards, live chat facilities and email
"User" / "Users": means any third party that
accesses the website and is not employed by Momentous Institute and acting in the course of their
"Website": means the website that you are
currently using (www.momentousinstitute.org) and any sub-domains of this site (e.g. momentous.learnworlds.com)
unless expressly excluded by their own terms and conditions; and
2. Age Restrictions
Persons under the age of 18 should use this website only with
the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring
Services in the course of business.
4. Intellectual Property
- 4.1 All
content included on the website, unless uploaded by users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property of
Momentous Institute, our affiliates or other relevant third parties. By
continuing to use the website you acknowledge that such materials are protected
by the laws of copyright of the United States and intellectual property laws of
countries throughout the world.
- 4.2 You
may not reproduce, copy, distribute, store or in any other method re-use
material from the website unless otherwise indicated on the website or unless
given our express written permission to do so.
5. Third Party Intellectual Property
- 5.1 Unless
otherwise expressly indicated, all intellectual property rights, including but
not limited to copyright and trademarks in product images and descriptions,
belong to the manufacturers or suppliers of such products as may be applicable.
- 5.2 You
may not reproduce, copy, distribute, store or in any other fashion re-use such
material unless otherwise indicated on the website or unless given express
written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without
written permission where provided for in Section 107 of the U.S. Copyright Act
7. Links to Other Websites
This website may contain links to other sites. Unless
expressly stated, these sites are not under the control of Momentous Institute
or that of our affiliates. We assume no responsibility for the content of such
websites and disclaim liability for any and all forms of loss or damage arising
out of the use of them. The inclusion of a link to another site on this website
does not imply any endorsement of the sites themselves or of those in control
8. Links to this Website
Those wishing to place a link to this Website on
other sites may do so only with express written permission from Momentous
Institute. To request permission, contact us at firstname.lastname@example.org.
9. Use of Communications Facilities
using any system on the website you should do so in accordance with the
following rules. Failure to comply with these rules may result in your account
being suspended or closed:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit content that is unlawful or otherwise objectionable. This
includes, but is not limited to, content that is abusive, threatening, harassing,
defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;
must not impersonate other people, particularly employees, agents, members or representatives
of Momentous Institute or the Salesmanship Club of Dallas (SCD); and
must not use our system for unauthorized mass communication such as spam or
- 9.2 You
acknowledge that Momentous Institute reserves the right to monitor any and all
communications made to us or using our system.
- 9.3 You
acknowledge that Momentous Institute may retain copies of any and all
communications made us or using our system.
- 9.4 You
acknowledge that any information you send to us through our system may be
modified by us in any way, and you hereby waive your right to be identified as
the author of such information. Any restrictions you may wish to place upon our
use of such information must be communicated to us in advance, and we reserve
the right to reject such terms and associated information.
10.1 In order to procure services on this website and to
use certain other parts of the system, you are required to create an account
which will contain certain personal details and payment information which may
vary based upon your use of the website as we may not require payment information until you wish to make a purchase.
By continuing to use this website, you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit payment information where permission may be
10.1.3 you will keep this information accurate and up-to-date. Your creation of an account is further affirmation of your representation and warranty.
- 10.2 It
is recommended that you do not share your account details, particularly your
username and password. We accept no liability for any losses or damages
incurred as a result of your account details being shared by you. If you use a
shared computer, it is recommended that you do not save your account details in
your internet browser.
- 10.3 If
you have reason to believe that your account details have been obtained by
another person without consent, you should contact us immediately to suspend
your account and cancel any unauthorized orders or payments that may be
pending. Please be aware that orders or payments can only be cancelled up until
provision of services has commenced. In the event that an unauthorized
provision commences prior to your notifying Us of the unauthorized nature of
the order or payment then you shall be charged for the period from the
commencement of the provision of services until the date you notified us and
may be charged for a billing cycle of one month.
- 10.4 When
choosing your username you are required to adhere to the terms set out above in
Section 9. Any failure to do so could result in the suspension and/or deletion
of your account.
11. Termination and Cancellation of Accounts
- 11.1 Either
Momentous Institute or you may terminate your account. If we terminate your account,
you will be notified by email and an explanation for the termination will be
provided. Notwithstanding the foregoing, we reserve the right to terminate
without giving reasons.
- 11.2 If we
terminate your account, any current or pending orders or payments on your account
will be cancelled and provision of services will not commence.
12. Services, Pricing and Availability
- 12.1 While
every effort has been made to ensure that all general descriptions of services
available from Momentous Institute correspond to the actual services that will
be provided to you, we are not responsible for any variations from these
descriptions as the exact nature of the services may vary depending on your
individual requirements and circumstances. This does not exclude our liability
for mistakes due to negligence on our part and refers only to variations of the
correct services, not different services altogether.
- 12.2 We
neither represent nor warrant that such services will be available at all times
and cannot necessarily confirm availability until confirming your order.
- 12.3 All
pricing information on the website is correct at the time of going online. We
reserve the right to change prices and alter or remove any special offers from
time to time and as necessary.
- 12.4 In
the event that prices are changed during the period between an order being
placed for services and us processing that order and taking payment, then the
price that was valid at the time of the order shall be used.
13. Orders and Provision of Services
part of this Website constitutes a contractual offer capable of acceptance.
Your order constitutes a contractual offer that we may, at our sole discretion,
accept. Our acceptance is indicated by us sending to you an order confirmation
email. Only once we have sent you an order confirmation email will there be a
binding contract between Momentous Institute and you.
13.2 If we,
for any reason, do not accept your order, no payment shall be taken under
normal circumstances. In any event, any sums paid by you in relation to that
order will be refunded within 14 calendar days.
- 13.3 Payment
for the services shall be reflected on the statement of your payment method
immediately for any setup fee that corresponds to the service plan you
purchased and at the same day of each subsequent month (“billing cycle”) for
charges accrued during the previous month (“billing cycle”) AND/OR as indicated
in the order confirmation you received.
- 13.4 We
aim to fulfill your order within two to three working days or if not, within a
reasonable period following your order, unless there are exceptional
circumstances. If we cannot fulfill your order within a reasonable period, we
will inform you at the time you place the order by a note on the relevant web
page or by contacting you directly after you place your order. Time is not of
the essence of the contract, which means we will aim to fulfill your order
within any agreed timescales but this is not an essential term of the contract
and we will not be liable to you if we do not do so. If the Services are to
begin within 14 calendar days of our acceptance of your order, at your express
request, you will be required to expressly acknowledge that your statutory
- 13.5 Momentous
Institute shall use all our reasonable endeavors to provide the services with
reasonable skill and care, commensurate with best trade practice.
- 13.6 In the event that services are provided that are
not in conformity with your order and thus incorrect, you should contact us
immediately to inform us of the mistake. We will ensure that any necessary
corrections are made within five (5) working days. Additional terms and
conditions may apply to the provision of certain Services. You will be asked to
read and confirm your acceptance of any such terms and conditions when
completing your order.
- 13.7 Momentous
Institute provides technical support via our online support forum and/or phone.
Momentous Institute makes any effort possible to respond to support requests
within 30 minutes during business hours (8am to 5pm CDT), but we do not
guarantee a particular response time.
14. Cancellation of Orders and Services