Terms and Conditions for Website and Service

Updated december 28th, 2023

BY USING undercoverbrain.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.

OVERVIEW

The terms “UNDERCOVER BRAIN”, “we”, “us”, and “our” UNDERCOVER BRAIN refer to Omaha Coaching WFA, LLC (Limited Liability Company). The term the “Site” refers to undercoverbrain.com. The terms “user”, “you”, and “your” refer to site visitors, customers, members and any other users of the site.

SERVICE TERMS AND CONDITIONS

This document outlines the formal terms and conditions governing the use of undercoverbrain.com (referred to as the "Service"), which is a membership site offering online courses, resources, and other content related to studying and improving at online marketing. The Service is provided by Omaha Coaching WFA LLC.

By accessing undercoverbrain.com and utilizing the materials and online services offered by Omaha Coaching WFA LLC, you agree to abide by the following Terms and Conditions. These Terms and Conditions are applicable to all individuals visiting the site, customers, and any other users of the Service. It is essential to acknowledge that these Terms and Conditions are accepted without any modifications and that you have read them thoroughly. In addition to the Terms and Conditions, your use of the Site or Service also signifies your agreement with our Privacy Policy and the use of cookies.

Both parties recognize that the Service primarily serves an educational purpose. OMAHA COACHING WFA, LLC's obligations under this Agreement are limited to the services explicitly listed on undercoverbrain.com website. In the event of a need arising, OMAHA COACHING WFA, LLC reserves the right to substitute services with those that are equal to or comparable to the initially listed services, without prior notice. The Service encompasses various elements, including but not limited to training videos, coaching sessions, and webinars.

USE OF THE SITE AND SERVICE

To access or use the Site, you must meet the following requirements: (1) be 18 years of age or older, and (2) have the necessary power and authority to enter into these Terms and Conditions. Minors under the age of 18 are strictly prohibited from using the Site. Please be aware that the information provided on the Site and within the Service, including details concerning membership sites and other content, is subject to potential changes. It should be noted that OMAHA COACHING WFA, LLC does not provide any representation or warranty regarding the accuracy, completeness, reliability, currency, or error-free nature of the Content, regardless of its source. As such, OMAHA COACHING WFA, LLC disclaims all liability for any inaccuracies, errors, or incompleteness found within the Content.

PERSONAL INFORMATION AND ACCOUNT USAGE

To utilize the Service, it is necessary for you to provide certain personal information about yourself, including your name, email address, username and password, and other relevant details. You hereby agree that any registration information you provide to OMAHA COACHING WFA, LLC will consistently be accurate, correct, and kept up to date. It is strictly prohibited to impersonate another individual or furnish account information or an email address that does not belong to you. Furthermore, your account must not be employed for any illegal or unauthorized purposes. While using the Service, you must refrain from violating any laws within your jurisdiction.

LAWFUL PURPOSES

The use of the Site and Service is strictly limited to lawful purposes. You hereby agree to assume financial responsibility for all purchases made by you or any person acting on your behalf through the Site. Furthermore, you agree to utilize the Site and engage in the purchase of services or products solely for legitimate, non-commercial purposes. It is prohibited to post or transmit any material through the Site that violates or infringes upon the rights of others, or that is deemed threatening, abusive, defamatory, libelous, intrusive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. This includes content that contains harmful formulas, recipes, or instructions, as well as any content that encourages activities constituting a criminal offense, resulting in civil liability, or violating any applicable laws.

REFUSAL OF SERVICE

The provision of Services is contingent upon our acceptance of your order or requests. We retain the right to decline service to any order, individual, or entity, without the obligation to provide a reason for such refusal. Your order shall not be deemed accepted until payment has been duly processed by us. We reserve the right to modify or terminate any aspect or feature of the Site or Service at any given time, provided that we fulfill our prior obligations to you based on the acceptance of your payment.

ORDER CONFIRMATION

Upon the placement of your order, we will send you a confirmation email containing relevant information regarding your order, including product delivery and ongoing payment details. If you notice any errors in this email confirmation, it is your responsibility to promptly notify us of such discrepancies.

MEMBERSHIP TERMS OF AGREEMENT

Once our payment processors (Stripe and Monei) have confirmed your payment, automatic access to the purchased Service(s) will be granted. It is important for you to acknowledge that the availability of the Service may occasionally be influenced and affected by third-party entities that we rely upon to provide the Service, such as web hosting and video hosting providers. Therefore, you understand and agree that OMAHA COACHING WFA, LLC cannot be held liable for any reasonable delays in accessing the Service, and no breach of contract action may be initiated against us in such circumstances. We will utilize email communication as necessary to inform you about any service interruptions that may occur.

Monthly subscriptions are active for 1 month periods and renew automatically as a default. The card you used to subscribe with will be charged the membership fee on or about the same day each month, as controlled by our payment processors (Stripe and Monei). For monthly subscriptions, each subscription period spans 1 month and automatically renews by default. The membership fee will be charged to the card you used for subscription on or around the same day of each subsequent month, as determined by our payment processors (Stripe or Monei).

Annual plans have a duration of 1 year or 365 days and will be automatically renewed by default. OMAHA COACHING WFA, LLC reserves the right to terminate the Service or restrict access to specific content, features, or sections of the Service, with or without prior notice to you. While we will make reasonable efforts to provide notice when applicable, please note that we are not obligated to do so under the terms of this agreement.

PAYMENT METHODS

Monei supports payment through Visa and Mastercard only, while alternative methods such as cryptocurrencies and bank transfers are not accepted. Stripe accepts Visa, Mastercard and American Express as valid payment methods.

CANCELLATIONS OF MONTHLY SUBSCRIPTIONS

You have the option to cancel your monthly or annual subscription at any time through the account settings page. It is important to initiate the cancellation before your subscription renewal date, as our payment processors may generate your upcoming invoice one day prior to the renewal date. Delayed cancellations may result in a membership charge. Please be aware that it is your sole responsibility to ensure timely cancellation of your account if you no longer wish to use the Service. However, if you encounter any difficulties or concerns, our support team is available to assist you.

Once you cancel your subscription, your current access period will expire, leading to the loss of access to the Service, including all associated content and resources. You can reinstate your access at any time by simply renewing your subscription to the Service.

REFUNDS

We provide a 5-day refund policy in the event that you are dissatisfied with the Service. It is important to note that the 5-day refund period is applicable only to your initial subscription and cannot be utilized multiple times.

After this 5-day period, it becomes the customer's responsibility to ensure that they cancel their membership in a timely manner if they do not wish to renew. Please be aware that payments made beyond this period are non-refundable.

To request a refund, please contact us via email at omahacoachingwfa@gmail.com or info@undercoverbrain.com. Upon receipt of your refund request, we will collect any feedback you may have and initiate the refund process, returning the applicable amount.

Refunds are exclusively processed through our payment processors (Stripe and Monei) and may take approximately 5-10 days to reflect in your credit card statement. It is not possible to refund the money to a different card.

Please be informed that a refund request immediately terminates your access to the Service. Refund inquiries are typically resolved within 24 hours during weekdays. Our payment processor, Stripe, generally processes refunds back to the original form of payment within 5-10 days. Should you have any refund requests or further questions, please do not hesitate to contact us at omahacoachingwfa@gmail.com or info@undercoverbrain.com.

MATERIAL YOU SUBMIT TO THE SITE

You are prohibited from uploading, posting, or making available any artwork, photos, or other materials (referred to as "Materials") on the Site or our community platforms if they are protected by copyright, trademark, or any other proprietary right, without obtaining the express written permission from the respective owner of such rights. It is solely your responsibility to determine whether any Materials are protected by such rights. You shall be held liable for any damages arising from any infringement of copyrights, trademarks, or other proprietary rights, as well as any other harm resulting from such submissions. By submitting Materials to the Site, you automatically represent and warrant that you have the necessary authority to use and distribute the Materials, and that their use or display will not violate any laws, rules, regulations, or rights of third parties. As part of the Service, OMAHA COACHING WFA, LLC may provide access to community or social media platforms. It is important to note that the provision of a community platform is at the sole discretion of OMAHA COACHING WFA, LLC, and the nature of interaction within the platform is dependent on the specific Service.

You acknowledge that your use of these community and social media platforms is a privilege granted by OMAHA COACHING WFA, LLC. Consequently, OMAHA COACHING WFA, LLC reserves the right to limit or deny your access to these platforms in cases of misconduct, including but not limited to inappropriate, rude, violent, or threatening behavior. OMAHA COACHING WFA, LLC will make reasonable efforts to notify you in the event of inappropriate or unapproved content found within the voluntarily provided community and social media platform. However, please be aware that OMAHA COACHING WFA, LLC is not obligated to provide such notice and retains all rights to take immediate and appropriate action to safeguard the brand and image integrity of OMAHA COACHING WFA, LLC.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

OMAHA COACHING WFA, LLC acknowledges that it does not claim any intellectual property rights over the materials you provide to us. You retain the copyright and any other rights that you rightfully hold in the content you submit through the Site or Service. The content you submit to OMAHA COACHING WFA, LLC remains under your ownership to the extent that you have legal claims therein. You agree to indemnify and hold OMAHA COACHING WFA, LLC harmless from any claims, liabilities, and expenses arising from actual or potential misappropriation or infringement of copyright or trademark that may be claimed against you.

By posting material on the Site or community platforms, you grant OMAHA COACHING WFA, LLC a worldwide, non-exclusive, and irrevocable license to use the material for promotional, business development, and marketing purposes. You provide consent for audio or video calls, training videos, or webinars provided as part of the Service to be recorded. Furthermore, you consent to OMAHA COACHING WFA, LLC using your name, words, voice, and likeness for promotional, business development, and marketing purposes, without any compensation to you. We will make reasonable efforts to obtain your written permission before utilizing and distributing recordings, printed materials, audio, or visual representations that include references to you.

OUR INTELLECTUAL PROPERTY

The Site and Service provided by OMAHA COACHING WFA, LLC contain valuable intellectual property owned by OMAHA COACHING WFA, LLC, including trademarks, copyrights, proprietary information, and other forms of intellectual property. OMAHA COACHING WFA, LLC's copyrighted and original materials are made available to you as part of the Service for your individual use only, under a single-user license. All intellectual property, including OMAHA COACHING WFA, LLC's copyrighted materials, shall remain the exclusive property of OMAHA COACHING WFA, LLC. No license to sell or distribute our materials is granted or implied.

Without our prior written consent, you are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing, performing, or exploiting, in any format whatsoever, any of the Site or Service Content or intellectual property, either in whole or in part. This prohibition extends to actions such as sharing materials with others, posting excerpts of materials on any social media platforms, blogging about the materials, or engaging in any other activities that may reasonably appear to share the information from the Site or Service with non-members. Should you be found to violate this intellectual property policy, we reserve the right to immediately terminate your access to the Service without any refund.

Please note that unauthorized use or distribution of our intellectual property may result in legal consequences. We actively enforce our intellectual property rights to protect the integrity of our materials and maintain the value of our Service.

CHANGED TERMS

OMAHA COACHING WFA, LLC reserves the right to amend these Terms and Conditions at any time. Any such amendments will become effective immediately upon our notice to you, which may include posting the revised Terms and Conditions on this Site. Your continued use of the Site or Service following the notification signifies your acceptance of these amendments. We retain the right to update any part of our Site and Service, including these Terms and Conditions, at our discretion and without prior notice. The most recent versions of the Terms and Conditions will be posted on the Site, and the effective dates will be indicated on the respective pages of the Terms and Conditions.

It is your responsibility to review the Terms and Conditions periodically to stay informed about any changes. By accessing or using the Site or Service after the amendments have been made, you

acknowledge and agree to be bound by the updated Terms and Conditions. Failure to comply with the revised Terms and Conditions may result in termination of your access to the Service.

USE OF TESTIMONIALS

In compliance with guidelines regarding the use of endorsements and testimonials in advertising, we would like to bring the following points to your attention: Testimonials that may appear on this site have been received in various formats, including text, audio, or video submissions. They represent the personal experiences of individuals who have used our products and/or services in some capacity. These testimonials reflect individual results, and actual outcomes may vary. We do not claim that these results are typical or guaranteed. It is important to note that testimonials are not necessarily indicative of the experiences of all individuals who will use our products and/or services.

OMAHA COACHING WFA, LLC assumes no responsibility for the opinions or comments posted on https://undercoverbrain.com. The opinions, views, or comments expressed in testimonials on these websites are solely those of the individuals providing the testimonials and do not necessarily reflect the opinions or views of OMAHA COACHING WFA, LLC. We encourage you to exercise your own judgment and discretion when considering the testimonials on https://undercoverbrain.com. Any reliance you place on the opinions or comments expressed in testimonials is at your own risk. OMAHA COACHING WFA, LLC disclaims any liability for the accuracy or completeness of the testimonials or for any damages or losses arising from their use.

DISCLAIMER AND LIMITATION OF LIABILITY

OMAHA COACHING WFA, LLC provides no guarantee or warranty regarding the accuracy, currency, or completeness of the content on this website or any linked sites. The materials on this site are presented "as is" without any express or implied warranties of any kind, including but not limited to warranties of merchantability or non-infringement of intellectual property.

In no event shall OMAHA COACHING WFA, LLC, its agents, or associates be liable for any damages, including but not limited to loss of profits, business interruption, loss of information, or injury or death, arising out of the use of or inability to use the materials, even if OMAHA COACHING WFA, LLC has been advised of the possibility of such damages.

If we claim or appear to be experts in a particular topic, product, or service area, we will only endorse products or services that we genuinely believe, based on our expertise, are deserving of such endorsement. Any product claim, statistic, quote, or other representation about a product or service should be verified directly with the manufacturer or provider. This website does not contain any content that could create a conflict of interest. OMAHA COACHING WFA, LLC does not make any representations, warranties, or assurances regarding the accuracy, currency, or completeness of the content on this website or any websites linked to or from it.

EARNINGS DISCLAIMER

We have made every effort to accurately represent our products and services and their potential benefits. However, there is no guarantee that you will earn any money using the techniques and ideas presented in these materials. The examples provided should not be interpreted as a promise or guarantee of earnings. Your actual earnings potential is entirely dependent on your personal efforts, the utilization of our products, ideas, and techniques.

The level of success you may achieve in obtaining the results discussed in our materials depends on various factors, including the amount of time you dedicate to the program, your financial resources, your knowledge, skills, and other external variables. As these factors differ from person to person, we cannot guarantee your individual success or income level. Furthermore, we are not responsible for any actions you take based on the information provided.

Any forward-looking statements made in our materials or on our sales platforms are intended to express our opinion regarding potential earnings. Many factors will be relevant in determining your actual results, and no guarantees are made that you will achieve results similar to ours or those of others. In fact, there are no guarantees whatsoever that you will achieve any results using the ideas and techniques presented in our materials.

LIMITATION OF LIABILITY

You acknowledge and agree that, to the fullest extent permitted by law, OMAHA COACHING WFA, LLC shall not be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or related to your use of the Site or Service. Furthermore, OMAHA COACHING WFA, LLC shall not be held liable for damages in connection with:

Any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; Loss of revenue, anticipated profits, business, savings, goodwill, or data; and Third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property.

These limitations of liability apply regardless of our negligence, gross negligence, failure of an essential purpose, and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. Even if OMAHA COACHING WFA, LLC has been advised of the possibility of such damages or could have foreseen them.

In jurisdictions where the exclusion or limitation of liability for certain damages is not permitted, our liability is limited to the fullest extent allowed by law. In no event shall OMAHA COACHING WFA, LLC's cumulative liability to you exceed the total purchase price of the Service you have purchased from OMAHA COACHING WFA, LLC. If no purchase has been made, OMAHA COACHING WFA, LLC's cumulative liability to you shall not exceed $100.

THIRD PARTY RESOURCES

The Site and the Service may provide links to websites and resources operated by third parties. You acknowledge and agree that OMAHA COACHING WFA, LLC is not responsible or liable for the availability, accuracy, content, or policies of these third party websites or resources. The inclusion of any links does not imply endorsement or affiliation with OMAHA COACHING WFA, LLC. You acknowledge and assume sole responsibility for any risks associated with accessing and using these third party websites or resources.

INDEMNIFICATION

You agree to indemnify and hold OMAHA COACHING WFA, LLC harmless from any and all losses, damages, settlements, liabilities, costs, charges, assessments, expenses, including attorney's fees, as well as third-party claims and causes of action, arising out of your breach of any of these Terms and Conditions or your use of the Site or Service.

Upon our request, you shall provide us with assistance, at no cost, including information, documents, records, and reasonable access to you, to aid in our defense against any such claims. You shall not settle any third-party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The headings used in this Agreement are for convenience purposes only and shall not affect the interpretation or construction of any provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and OMAHA COACHING WFA, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by OMAHA COACHING WFA, LLC shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by OMAHA COACHING WFA, LLC.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: OMAHA COACHING WFA, LLC, Edifici Font de Ferro 2, pis -1 porta 6, Ransol, Canillo, Andorra or to omahacoachingwfa@gmail.com or info@undercoverbrain.com , NRT: L-717156-K, phone +376 658 138

GOVERNING LAW

You agree that all matters relating to your access to or use of the Site, including any disputes, shall be governed by the laws of Andorra. In the event of any controversy or dispute between OMAHA COACHING WFA, LLC and you, arising in connection with the Site or business, the parties shall make reasonable and good faith efforts to resolve the dispute promptly. If the dispute cannot be resolved within a reasonable time (not exceeding 30 days), either party may choose to submit the controversy or dispute to mediation.

Any action seeking legal or equitable relief arising out of or related to these Terms and Conditions shall be filed exclusively in the courts of Andorra.

RECOVERY OF LITIGATION EXPENSES

In the event that any legal action, arbitration, or other proceeding is initiated to enforce this Agreement or address an alleged dispute, breach, default, or misrepresentation related to any provisions of this Agreement, the party or parties who prevail or succeed in such action or proceeding shall be entitled to recover reasonable attorney's fees and other costs incurred in connection with the action or proceeding. This entitlement to attorney's fees and costs is in addition to any other relief to which the prevailing party or parties may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is determined by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. The invalid, void, or unenforceable provision shall have no effect on the validity or enforceability of the other provisions, and the Agreement shall continue to be binding and enforceable to the fullest extent permitted by law.

AFTER-SALES SERVICE

For inquiries regarding after-sales service, please feel free to contact us through the following means:

  • By mail: info@undercoverbrain.com
  • By phone: +376 658 138
  • By letter: Omaha Coaching WFA, SL. Edifici Font de Ferro 2, pis -1 porta 6, Ransol, Canillo, Andorra

We appreciate your communication and will endeavour to assist you promptly and effectively.