TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your agreement to these Terms of Use. However, if you do not agree, please do not use the website.

Your access to and use of this website, as well as all related websites operated by MCM of Arizona LLC, including www.profitabilitycoach.com, www.mortgageprofitability.com, www.branchprofitability.com, among others (collectively, the “Site”), is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site, including all text, videos, training materials, products, services, and/or other materials (collectively referred to as the “Content”), made available on the Site by other third parties or us, as well as the look and feel of all of the foregoing, are maintained for your personal use and information by MCM of Arizona LLC (the “Company”), and are the property of the Company, and/or its third-party providers. You agree that the Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text, as well as all other materials included in the Site, excluding the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes.

No Company Content and no part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless the Company expressly grants written permission. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company and other authors who created the materials, and it may be subject to monetary damages and penalties. Accordingly, you may not distribute, modify, transmit, or use any part of the Site or any Content, including all software, tools, graphics, and/or sound files, for public or commercial purposes without the Company's express written permission.

2. All trade names, trademarks, images, and the biographical information of people used in the Company Content, and contained in the Site, including without limitation the name and trademark “Business Blood Pressure,” are either the property of, or used with permission by, the Company. Your use of the Content is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity and other regulations and statutes. Nothing contained in this Agreement or the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the Company's express written consent or the third-party owner.

The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right but has no obligation to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property, or these Terms of Use.

If you believe that your intellectual property rights are being violated, and/or any work you own has been reproduced on the Site or included in any Content in any way, you may notify the Company at [email protected]. Please provide your name and contact information, the nature of your work, and enough details on how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

3. The Company uses reasonable effort to include accurate and up-to-date information in the Site. However, the Company makes no warranties or representations as to its accuracy, and it assumes no liability or responsibility for any errors or omissions in the Content of the Site. You accept full responsibility for your use of the Site and the Content when granted the Company's express written permission for personal purposes.

4. When you register with the Company and/or this Site, you expressly acknowledge and consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence. You give permission to receive notices electronically, via email, as the primary communication channel in transmitting and sharing relevant information of the Company.

5. All comments or suggestions you send to the Company about the Site, including, but not limited to, notes, text, drawings, images, designs, or computer programs, shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights (including intellectual property rights thereto), and it shall be entitled to unrestricted use, publication, and dissemination of all submissions for any purpose, commercial, or otherwise without any of your acknowledgment or compensation.

6. The Company shall exert commercially reasonable effort to restrict unauthorized use and access to its data and files. However, no system, whether or not password-protected, can be entirely impenetrable. Accordingly, you acknowledge that it may be possible for any unauthorized third party to access, view, copy, modify, or distribute the data and files you store on the Site. Your Use of the Site is entirely your sole responsibility, and it’s your accountability to make your account safe and secure at all costs.

7. The Company will not intentionally disclose any personally identifying information about you and your account to third parties, except when the Company believes that the disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acknowledgment and acceptance of the Company’s Privacy Policy, https://www.branchprofitability.com/pages/privacy-policy. However, if you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

8. Neither the Company nor any other parties involved in creating, producing, or maintaining the Site and/or any Content on the Site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages caused by your access or use of the Site. All Content on the Site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, accuracy, or fitness for a particular purpose. The Company does not warrant or make any representations regarding the use of the materials in the Site, the results of the use of these materials, the suitability of the materials for users’ needs or the likelihood of using them will meet users’ expectations, or even their credibility, accuracy, or reliability.

The Company also does not warrant or guarantee that the use of the materials will be uninterrupted or free of mistakes, errors will be corrected, or that this Site, the Content, and/or the materials available on this Site are free from bugs, viruses, or other harmful components. You acknowledge and assume all responsibility for the cost of all necessary repairs or corrections. The Company shall not be responsible for any performance or service problems caused by any third-party websites or third-party service providers. Any of these problems shall be governed solely by the agreement between you and that provider. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption.

9. The Company also does not warrant or guarantee that you will earn a profit using the Site or the Company’s technology or services. You acknowledge and accept all responsibility for evaluating your own earning potential, as well as executing your own business and services. Your earning potential will entirely depend on your own products, ideas, techniques; your execution of your business plan; the effort and time you devote to the program, ideas and techniques offered and utilized; and your finances, knowledge, and skills. Since these factors differ among all individuals, the Company cannot, and does not make any representations, or guarantee regarding your success or expected profit.

10. The Company reserves the right to limit your use and access to the Site and/or the Content or terminate your account when the Company determines that you have violated these Terms of Use or disobeyed any other Company's rules or regulations. The Company also reserves the right to refuse your access to the Site and/or the Company’s Content, products, and/or services at its sole discretion.

The Company may also refund the initial fee charged for any use of the Site and/or any Content or a pro-rata portion thereof under the Company’s refund policy. However, the Company shall refuse any refund thirty (30) days after your payment for using the Site and/or any Content, either under the Company’s customer license agreement or otherwise, regardless of the reason for disruption.

11. In no event shall the Company be liable for any special, incidental, indirect, punitive, reliance, or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Site, the Content, and/or related materials, the inability to use services provided hereunder or any other cause with respect thereto, regardless of the theory of liability. This limitation will apply even if the Company has been advised or is aware of the possibility of these damages.

12. You agree to indemnify and hold the Company and its directors, officers, employees, and agents harmless from any liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) your violation of the law or the rights of any third parties, (iii) any materials, information, works and/or other Content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification under this Section. In such an event, you shall provide full support and cooperation as reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates, and its third-party Content providers and licensors. Each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Maricopa County, Arizona. If any provision of this agreement shall be unlawful, void, or unenforceable, then, it shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may have revisions from time to time by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the current Terms of Use.

Last Updated: July 25, 2021