These Terms of Service ("Terms") apply to your access to and use of the websites, applications, and other products and services provided by Jenz Bunnell, LLC, doing business as MOMENTUM ("MOMENTUM," "we," or "us"), including but not limited to the MOMENTUM mobile app, email communications, text/SMS messaging, training events, and various digital resources (collectively, our "Services"). By clicking to indicate your acceptance of these Terms or by accessing or using our Services, you agree to be bound by these Terms, including provisions related to dispute resolution and limitations on liability. If you do not agree, do not access or use our Services.

Please contact us with questions about these Terms at [email protected]

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1) Eligibility

You must be at least 18 years old and reside in the United States to access our Services. By accessing or using our Services on behalf of another entity, you confirm you have the authority to bind that entity to these Terms.

2) Accounts; Security; Electronic Communications

To access certain Services, you may need to register an account with accurate and current information and to maintain the security of your account credentials. By creating a MOMENTUM account, you consent to receive electronic communications from us, including notices about your account and our Services. You agree that these communications meet any legal communication requirements.

3) Privacy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information about you.

4.1) Terms & Conditions for SMS, Email, and App Messaging: By opting in through our SMS/Email Messaging Opt-In Form or by using our app, you agree to receive both non-marketing and marketing messages from MOMENTUM via text, email, or app notifications. These messages may be sent using an automatic telephone dialing system to the phone number, email address, or app account you provide.

4.2) Opting In and Out

To opt-in, submit the provided Opt-In Form or enable notifications in the app. To opt-out, reply STOP to any message, adjust your preferences within the app, or contact us at [email protected]

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4.3) Program Description

MOMENTUM offers this messaging program to provide you with information regarding your account activities, updates on services, and promotions. We may use automated systems for this purpose across SMS, email, and app notifications.

4.4) Message Frequency

The frequency of messages under the MOMENTUM program will vary based on your account activity, interactions with us, and app usage.

4.5) Cost

There are no additional fees from MOMENTUM for sending messages; however, message and data rates from your mobile carrier may apply.

4.6) Supported Carriers, Devices, and Service Interruption

This service is available through most carriers, devices, and via our app, but may not be accessible through all. Service may be interrupted or may not be available in all areas or under all conditions. MOMENTUM is not liable for any service interruptions or failures.

4.7) Your Information

You affirm that you are the owner or authorized user of the phone number, email, or app account provided. Keep your contact information up to date by notifying us of any changes.

Your consent to receive text, email, or app messages is not a condition for purchasing any services or products from MOMENTUM. By opting in, you also accept and agree to these Messaging Terms & Conditions and any other applicable terms related to MOMENTUM services.

5) Our Services; License

Our Services enable users to access content, receive communications, and participate in MOMENTUM programs through the app, email, and text messaging. By using our Services, you grant MOMENTUM a non-exclusive, royalty-free license to use and display content shared by you as part of the Services, including training participation, feedback, and user content created or shared with other users in the Services, in accordance with the settings you specify.

6) Prohibited Conduct

You may not use our Services to violate any applicable laws or third-party rights or engage in any behavior that disrupts or harms the Services or other users, including but not limited to:

Engaging in any abusive, harassing, or offensive conduct.Impersonating any person or entity or falsely representing your affiliation.Accessing our Services via unauthorized means.Interfering with or disrupting the normal functioning of our Services.

7) Intellectual Property; Limited License

Our Services and all related content (e.g., text, graphics, trademarks) are owned by or licensed to MOMENTUM. You are granted a limited, non-exclusive, revocable license to access and use our Services for personal, non-commercial purposes, provided you comply with these Terms.

8) Third-Party Content and Services

Our Services may include third-party content and links. MOMENTUM does not endorse or control third-party content and is not responsible for interactions with third parties.

9) Indemnification

You agree to indemnify and hold MOMENTUM and its affiliates harmless from any claims, liabilities, damages, and expenses arising from your use of our Services, your violation of these Terms, or any illegal or wrongful conduct.

10) Disclaimers

Our Services are provided "as-is" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. MOMENTUM makes no representations about the accuracy or reliability of our Services and assumes no liability for viruses or other harmful components.

11) Limitation of Liability

To the maximum extent permitted by law, MOMENTUM will not be liable for any indirect, incidental, consequential, or punitive damages, or for any lost profits or revenues, arising from or related to these Terms or our Services.

12) Dispute Resolution; Arbitration

All disputes related to these Terms or our Services will be resolved through binding arbitration, with each party waiving the right to a jury trial and agreeing to bring any claim solely on an individual basis. Arbitration will be conducted in accordance with the Federal Arbitration Act.

13) Governing Law and Venue

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles. Any dispute that is not subject to arbitration will be resolved in the state or federal courts in Salt Lake County, Utah.

14) Changes to Terms

MOMENTUM reserves the right to update these Terms at any time. Changes will be effective immediately upon posting. Continued use of the Services after changes confirms your acceptance.

15) Termination

MOMENTUM reserves the right to suspend or terminate your access to our Services at our sole discretion without notice or liability.

16) Contact Information

For questions or support, please contact MOMENTUM at:

Email: [email protected]

Phone: (385) 376-3683