Terms and Conditions

These Terms and Conditions ("Terms") are a binding agreement between you ("User," "you," or "your") and Ultimate Branding LLC, a North Carolina limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the Momentum mobile application (the "App") and the free Momentum community accessible both within the App and through a web browser (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service with the involvement and consent of a parent or legal guardian. By using the Service, you represent that you meet these requirements.

2. Description of the Service

Momentum is a free community built for entrepreneurs, coaches, consultants, course creators, and small business owners who want to learn and apply the RISE Framework to grow their business. The Service includes educational content, discussion features, live sessions, and member interaction tools, accessible through the App and through a web-based version of the community.

The Service is currently offered free of charge.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3. Account Registration

To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] if you suspect unauthorized use of your account.

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, including for violations of these Terms.

4. User Conduct and Zero Tolerance for Objectionable Content and Abusive Behavior

The Service is a community space, and we are committed to keeping it safe, respectful, and free of objectionable content or abusive behavior. We have zero tolerance for objectionable content and abusive users.

4.1 Prohibited Content and Conduct

You agree that you will not post, upload, share, transmit, or engage in any of the following while using the Service:

Content that is defamatory, obscene, pornographic, sexually explicit, or exploits or endangers minors in any way

Content that promotes violence, terrorism, self-harm, or illegal activity

Hate speech, or content that attacks or demeans a person or group based on race, ethnicity, national origin, religion, disability, gender, gender identity, sexual orientation, age, or veteran status

Harassment, bullying, threats, stalking, or intimidation directed at any other user or individual

Spam, unauthorized advertising, pyramid schemes, chain letters, or solicitation unrelated to the purpose of the community

Impersonation of another person, business, or entity, or misrepresentation of your affiliation with any person or entity

False, misleading, or fraudulent content, including scams or deceptive business claims

Content that infringes on the intellectual property, privacy, or publicity rights of others

Malicious code, viruses, or any material designed to disrupt, damage, or gain unauthorized access to the Service or other users' devices

Any other content or conduct that we determine, in our sole discretion, to be objectionable, harmful, or inconsistent with the spirit of the community

4.2 Reporting Objectionable Content or Abusive Users

If you encounter content or behavior that violates these Terms, you can report it directly within the App using the in-app reporting tool available on posts, comments, and member profiles, or by emailing [email protected] with details of the content or user in question.

4.3 Enforcement

We review reports of objectionable content and abusive behavior and take action promptly, which may include removing the content, issuing a warning, suspending the user, or permanently banning the user from the Service. Users found to have posted objectionable content or engaged in abusive behavior will be removed from the Service. We reserve the right to take this action at our sole discretion and without prior notice, particularly in cases of serious or repeated violations.

We do not tolerate abusive users, and any user who is the subject of multiple credible reports, or a single report involving serious misconduct, may be permanently blocked from the Service.

5. User-Generated Content

5.1 Your Content

You retain ownership of any content you post, upload, or share within the Service ("User Content"). By posting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, distribute, display, and adapt your User Content solely for the purpose of operating, promoting, and improving the Service.

5.2 Your Responsibility

You are solely responsible for the User Content you post. You represent that you have all necessary rights to post such content and that it does not violate these Terms or any applicable law.

5.3 Our Right to Remove Content

We reserve the right, but not the obligation, to monitor, review, edit, or remove any User Content at any time, for any reason, without notice.

6. Intellectual Property

All content provided by the Company through the Service, including the RISE/Momentum Ecosystem Framework materials, course content, graphics, logos, trademarks, and the "Momentum" name and brand, is the property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works from any Company content without our prior written consent.

7. End User License Agreement (EULA)

This section constitutes the End User License Agreement between you and the Company for use of the App.

7.1 Scope of License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on any Apple-branded or Android-branded device that you own or control, and as permitted by the applicable app store's usage rules.

7.2 License Restrictions

You may not:

Sell, rent, lease, sublicense, distribute, or otherwise transfer the App to any third party

Copy, reverse engineer, disassemble, decompile, or attempt to derive the source code of the App, except where such restriction is prohibited by applicable law

Modify, adapt, or create derivative works based on the App

Remove or alter any proprietary notices or labels on the App

7.3 Maintenance and Support

The Company is solely responsible for providing maintenance and support for the App. Apple and Google have no obligation whatsoever to furnish any maintenance or support services for the App.

7.4 Warranty

The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to an applicable warranty, you may notify the applicable app store provider, and the app store provider may refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, the app store provider has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of the Company.

7.5 Product Claims

The Company, not Apple or Google, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

7.6 Intellectual Property Rights

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

7.7 Legal Compliance

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

7.8 Developer Contact Information

Any questions, complaints, or claims regarding the App should be directed to:

Ultimate Branding LLC 850 Mainsail Rd. Salisbury, NC 28146 [email protected] 910-409-8340

7.9 Third-Party Beneficiary

You acknowledge and agree that Apple Inc. and Google LLC, and their respective subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of these Terms, Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including for violation of these Terms. You may stop using the Service and delete your account at any time.

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and dispute resolution.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY RESULTS OR OUTCOMES WILL BE ACHIEVED FROM USE OF THE SERVICE.

Any business, financial, or personal results discussed within the community, including examples or testimonials, are not guarantees of what you will achieve. Individual results vary.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms.

12. Dispute Resolution: Arbitration Agreement and Class Action Waiver

Please read this section carefully. It affects your legal rights.

12.1 Agreement to Arbitrate

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court.

12.2 Arbitration Rules

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in North Carolina, or another mutually agreed location, or may be conducted remotely or based on written submissions where permitted by the AAA rules.

12.3 Class Action Waiver

You and the Company agree that any arbitration or proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12.4 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration.

12.5 Governing Law

These Terms and any dispute arising from them will be governed by the laws of the State of North Carolina, without regard to its conflict of law principles, except where superseded by the Federal Arbitration Act.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the App or by other reasonable means. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

14. Privacy

Your use of the Service is also governed by our Privacy Policy, available on this page, which explains how we collect, use, and protect your information.

15. Contact Us

If you have any questions about these Terms, please contact us:

Ultimate Branding LLC 850 Mainsail Rd. Salisbury, NC 28146

Email: [email protected]

Phone: 910-409-8340

16. Miscellaneous

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right. These Terms constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements.