M-Powered Marketing Solutions Terms and Conditions

Last updated: February 1, 2022

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.m-poweredmedia.com and https://www.m-poweredmedia.com website (the "Service") operated by M-Powered Marketing Solutions LLC ("us", "we", or "our"), or any site or website owned and operated by M-Powered Marketing Solutions LLC.

M-Powered Marketing Solutions LLC is a Tier5 reselling partner, and these terms and conditions apply to all software that has been developed by Tier5 but sold through M-Powered Marketing Solutions LLC

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

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or M-Powered Marketing Solutions LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting M-Powered Marketing Solutions LLC customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide M-Powered Marketing Solutions LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize M-Powered Marketing Solutions LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, M-Powered Marketing Solutions LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Failed Payments

We will charge your default card on file for your subscriptions, in case of any failed payments we would fall back to previous cards used with us for any product or services.

In the case any of your cards on file are not able to successfully make the payment, your accounts would be Immediately be suspended until payment is made.

Our billing system (Stripe) will continue to attempt to charge you for the payment until payment is made.

Fee Changes

M-Powered Marketing Solutions LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

M-Powered Marketing Solutions LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Cancelations

You may cancel any subscription you have with us at any time. There is a 72 hour processing time to process all cancelation requests. If you request to cancel a subscription that is set to rebill within 72 hours of your cancelation request you will still be billed for that subscription.

If you would like to ensure that you are not billed again for the next billing cycle you signed up with, please ensure you make the cancelation request more than 72 hours prior to your next billing cycle.

Refunds

M-Powered Marketing Solutions LLC, Information Products offered by M-Powered Marketing Solutions LLC Community, are NON REFUNDABLE. By signing up to any of these products you are acknowledging that they are NON-REFUNDABLE.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Tier5 has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of M-Powered Marketing Solutions LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

M-Powered Marketing Solutions LLC Program Terms and Conditions

The M-Powered Marketing Solutions LLC fees are non-refundable. You are paying a monthly payment for services rendered (access to M-Powered Marketing Solutions LLC software and a set number of user accounts for resale) hence no partnership payments will be refunded.

Tier5 Partnership groups are not part of your payment, abuse in the group including sharing information from the group outside the group, rudeness to other group members, or overall negativity can get you removed from the group.

You cannot offer white-label rights to your agency accounts, let others give away or sell your agency accounts. You can only sell or give away your agency accounts to end-users. You can sell or give away multiple accounts to people (companies) but they must be to end-users (i.e. company with many employees). You cannot grant others the ability to re-sell, give away, or allow anyone else to offer Tier5 software as a bonus to their offers.

You cannot offer Lifetime deals (unless you are a Lifetime partner and have paid the lifetime partnership fee)

You cannot offer or promote Tier5 software on deal sites such as but not limited to JVzoo, Appsumo, Clickbank, or any other similar site.

If you decide to cancel or leave the partnership or are removed for violating any terms and conditions, your agency accounts will also be suspended.

You are required to disclose to your users (any user that you issue an account on Tier5 software to) that their account is issued and managed by you, can be canceled, suspended, or terminated by you at any time, and is attached to your partner account. Should your partner account get suspended or terminated for any reason so will any account you have issued under the partner program.

Partners are strictly prohibited from Publishing/Posting/Releasing/Discussing any Negative information damaging anything related to Tier5 Brand/Software/Partnership, Jon Vaughn, or any Tier5 Employee.

The use of domains containing Tier5 brand/Software names is not allowed.

The use of Tier5's brand name or any of Tier5's Software brand name can not and shall not be used in any Partners Billing.

Tier5 Partners shall not engage with any current or former Tier5 employee or contractor for any type of service work.

Tier5 Partners may not purchase software products, software engineering services, or design services directly from any current or former Tier5 employee.

Partners' first point of contact should be always Tier5 Support in case of any disputes related to Tier5 Brand/Software/Partnership.

If you violate any of the above-mentioned terms and conditions your partnership will be terminated, and you will not be refunded. This includes if you purchased a Lifetime Partnership.

Accounts issued and managed by Tier5 Partners

Some users of our software are granted access to our software through a partner in the Tier5 Partner program. If you received your account any way other than signing up at the main website for our software (i.e. www.uselinkwizard.com, www.chirply.io, etc.) then your account is issued and managed by a Tier5 Partner. If you are unsure if your account is managed and issued by a Tier5 Partner, please contact Tier5 Support directly.

Accounts issued to users under the Tier5 partner program are managed completely through the Tier5 Partner granting access to the user.

These accounts are fully managed by the Tier5 partner and can be revoked, suspended, or terminated at any time as the Tier5 Partner sees fit. These accounts are considered to be sub-user accounts attached and controlled by the main account belonging to and paid for by the Tier5 Partner in the Tier5 Partner program.

Accounts issued and managed by a Tier5 Partner fall under the terms and conditions between the user and the Tier5 Partner, given by the Tier5 Partner when issuing the account, and also fall under our terms and conditions of using Tier5 software.

These accounts are attached to the Tier5 Partners subscription as part of the partner program and if the Tier5 partner cancels or is removed from the Partner Program for any reason, all accounts issued by that Tier5 partner will also be canceled or suspended without needing any prior notice.

Support

Any Partner/user of Tier5 Software should first contact the respective software support regarding with queries/questions related to Tier5 software or Partnership.

Any escalations in the case of inconvenience or you are not satisfied with Tier5 support, you should email to support@tier5.us regarding the matter.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@tier5.us, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

a description 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;

identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

your address, telephone number, and email address;

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;

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.

You can contact our Copyright Agent via email at support@tier5.us

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Tier5 and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tier5.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Tier5

Tier5 has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Tier5 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Tier5 and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Tier5, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Tier5 its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.david@m-poweredmedia.com