Terms and Conditions
The following Terms of Use are entered into by and between You and MC Home Enterprises LLC also known as The Designer Within, The Designer Within {Business}, The Designer Within {Homeowner}, John McClain Design, Design Success Academy. (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of thedesignerwithin.co, designsuccessacademy.com, courses.thedesignerwithin.co, johnmcclaindesign.com, johnmcclain.co including any content, functionality and services offered on or through thedesignerwithin.co, courses.thedesignerwithin.co, johnmcclaindesign.com (the “Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

CHANGES TO THE TERMS OF USE We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

PRIVACY Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

DISCLAIMER Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use

ACCESSING THE WEBSITE AND ACCOUNT SECURITY We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users, including registered users. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use. As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website. The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms. The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

ACCURACY AND PERSONAL RESPONSIBILITY As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

NO GUARANTEES AS TO RESULTS As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

USE OF COMMUNICATION SERVICES The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion. Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

MATERIALS PROVIDED TO THE WEBSITE The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LINKS TO THIRD PARTY WEBSITES AND SERVICES The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators. Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers. USE OF TEMPLATES AND FORMS The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner. By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

USE OF FREE DOWNLOADABLE CONTENT The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner. By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

GUESTS The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests. Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. The Company provides a 14-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

In order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, contact our support team at hello@designsuccessacademy.com and let us know you’d like a refund within 14 days after the date the first module is released to you (“Refund Period”). You must include ALL coursework with your request for a refund for the modules that have been released to you. If you request a refund and do not include your coursework by the end of the Refund Period, you will not be granted a refund. You must also tell us why this course was not a good fit for you and your business needs. and what did you expect that you did not get once inside the program?

We will NOT provide refunds for any request that comes more than 14 days after the date of Module 1 release which is 14 days after your purchase of Design Success Academy. After the Refund Period, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by MC Home Enterprises LLC.  To further clarify, we will not provide refunds for requests made after the Refund Period and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you. By using and/or purchasing our Program, you understand and agree that, except for the limited refund policy described above, all sales are final and no refunds will be provided.

Since we have a clear and explicit Refund Policy in these terms that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. Therefore, if a participant disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request.

Furthermore, if a participant violates these Terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access and participation in the Program without notice and without refund.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: hello@designsuccessacademy.com

NO WARRANTIES The Company makes no warranties regarding the performance or operation of this website. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

LIMITATION OF LIABILITY You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website. The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the website at any time. The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.

ARBITRATION You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Nashville, Tennessee. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

INTERNATIONAL USERS The Service is controlled, operated, and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

INDEMNIFICATION You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

TERMINATION AND ACCESS RESTRICTION The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

NO JOINT VENTURE OR OTHER RELATIONSHIP You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates. CONTACT US MC Home Enterprise LLC welcomes your questions or comments regarding the Terms: MC Home Enterprises 7802 Kingspointe Parkway Suite 202 Orlando, FL 32819 Email Address: info@thedesignerwithin.com Last Updated: October 11, 2023.

Design Success Academy Membership and Coaching Program Terms of Use
Included within are the Code of Conduct, Confidentiality Agreement, Statement of Intent, Photo & Video Release, collectively the “Terms of Use” for the Design Success Academy Membership and Coaching Program.

MC Home Enterprises LLC is committed to allowing freedom of expression, while maintaining a safe online space for people to express their views. Further, our business is committed to anti-racist behavior and practices, and is intentionally committed to creating a welcoming, equitable experience for all.

Design Success Academy members who participate in our online forums (hosted on Mighty Networks) are diverse – and their views reflect that diversity. What we all share is the desire to talk seriously & honestly about issues that matter to our businesses and to the creative community. That being said, everyone who contributes to these conversations should be able to express their views, ideas, and discussions in a safe environment, without reproach. In order to foster a safe space for intelligent and respectful dialogue, everyone who participates in our online forums must agree to and abide by the following:

Debate and conversation are encouraged, but it must remain civil and respectful. We do not tolerate disrespect, discourtesy, vulgarity, discriminatory or derogatory language, or threats of any kind on our online forums.

This means that DSA reserves the right to remove all posts and comments that:

● Contain threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, or otherwise objectionable content.

● Contain any language that is racist, homophobic, transphobic, ableist, sexist, or otherwise discriminatory.

● Disrupt dialogue. We do not allow users to repeatedly post the same information to our online forums in a deliberate attempt to “spam,” clog or otherwise inhibit open discussion.

● Promote violent action, even in jest. This includes threatening or attempting to incite violence toward another user, person or entity for any reason.

● Reference subjects entirely unrelated to the Design Success Academy curriculum, design, business, projects, clients, etc.

● Engage in ad hominem attacks (i.e. attack a fellow user, rather than disagreeing with the content of the comment itself), stalking or otherwise harassing others on our forums.

● Invade a fellow user’s privacy or improperly reveal a fellow user’s personal information.

● Attempt to impersonate or falsely state or otherwise misrepresent another user, person, or entity.

● Violate existing copyright, patent, trademark, or other proprietary rights.

● Promote unsolicited or unauthorized commercial advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

● Promote or advertise any other consulting group, program, or consultant.

● Promote or advertise your own services or otherwise solicit business in any public forum or private message in the Design Success Academy program.

Please note: If a user violates our Code of Conduct, DSA reserves the right to ban them from further participation on any of our online forums, and remove them from the group with no refund of fees.

Thank you for your cooperation, and we look forward to fostering many engaging conversations about the world of design, other creative industries, and life and business strategies.

A coaching relationship is a two-way confidentiality, and a group coaching program involves the confidentiality of all members in both directions. The purpose of this agreement is to ensure that all proprietary information, including but not limited to intellectual property including course content and trainings, company information, financial information, business information, drawings, documents, resources, client and project information, member information and all other property of MC Home Enterprises LLC (dba Design Success Academy) and of you, the client, remains confidential and will only be used by DSA if at all, as a case study for other clients, unless otherwise granted permission by you, in which case we will not divulge names of you or your company without written permission.

It is expressly prohibited by law to share with anyone or use in any way other than for your own personal use, anything that resides at, or originates as a result of the process of conducting business with MC Home Enterprises LLC and the Design Success Academy coaching program, without written permission from John McClain. This includes, but is not limited to the following: all company information, business operations, employee information, information about other Design Success Academy members and their posts, all financial information, client information, project information, vendor information, e-mails, operational systems, files, drawings, photographs or reproductions of such, CAD drawings, sketches or photographs of work done by any entity listed as dba under MC Home Enterprises LLC, including John McClain Design, or by you as part of your membership in Design Success Academy.

Use of, dissemination of, or distribution of any of the aforementioned items or any other company property or portion thereof, or any proprietary information gained while participating in Design Success Academy including names or personal information or posts by other members, for any purpose whatsoever, unless given written consent by John McClain and the other group member, is considered theft and is a criminal offense, punishable under the laws of the state of Nevada.

It is imperative that all intellectual property and proprietary information such as company information, business operations, internal affairs, financials, reports, member information, or project information is to be held in the strictest of confidence. This should be adhered to by both MC Home Enterprises LLC and the Design Success Academy members for the benefit of the business of each party. There is no end date to the term of effectiveness of this confidentiality agreement. However, should the consulting relationship or Design Success Academy membership be terminated, such termination shall be upon written notice to the other party. There will be no refund of any pre-paid monies by the client for any reason whatsoever. All remaining obligations under the confidentiality agreement remain in full force and effect after any termination of the action of consulting.

Retaining the privacy and confidentiality of our clients, members and our company is very important to us. It is the express intention of MC Home Enterprises LLC and the Design Success Academy program that if we receive any indication there has been a breach of this agreement, MC Home Enterprises LLC will do all in its power to ensure the involved persons are held accountable and appropriate legal action will be taken.

By purchasing, you agree to these terms as a condition of a client of MC Home Enterprises LLC and the Design Success Academy coaching program, and understand that you will be legally responsible for maintaining confidentiality as it is described in this agreement, even after your business with MC Home Enterprises LLC and your Design Success Academy membership is concluded. In turn, MC Home Enterprises LLC will adhere to the same guidelines regarding your company and personal information.

In any coaching program, change is part of the coaching process. You should be aware that ups and downs are normal in coaching, as is reaching a plateau. Note that we need to have “down cycles” to achieve growth and change. After all, that’s why you’re reaching out to John McClain and the Design Success Academy program.

 For the coaching process to work, John McClain and Design Success Academy need your permission/agreement that we may:

● Challenge you or ask difficult questions

● Get tough with you

● Give you forms, exercises, or homework to complete Here are some things to remember:

Role of Coach
● To help you design a business and life you desire.

● To ask thoughtful questions designed to increase awareness, challenge you, and help you to recognize where you may be holding yourself back.

● To help you work out, set, clarify, and maintain focus on your goals.

● To teach you tools that you can use to reach or improve your individualized goals.

● To provide support materials at the coach's discretion.

● To help you establish your own solutions and strategies.

● To empower you to hold yourself accountable for what you say you’re going to do.

● To encourage, support, and believe in you! Even when you do not.

Role of Client/Member
● To be honest and open.

● To be the expert in your own life and business, and fully responsible for any choices and decisions you make during your coaching journey.

● To be willing to do the work needed to achieve results.

● To be open to new ideas and solutions that you may not have heard previously or that you didn’t think would work for you.

● To be completely responsible for your wellbeing and your mental and physical health care during, after, and between sessions.

● To not hold Coach, or any affiliated Design Success Academy Coach liable for any outcomes resulting directly or indirectly from the choices you make during the coaching process.

You are responsible for your results. Successful completion of this program is directly related to your commitment and effort made. By joining Design Success Academy Client is agreeing to the terms of this agreement, and Client acknowledges that neither John McClain, nor any other individual operating on behalf of MC Home Enterprises (Design Success Academy), is a licensed psychologist, counselor, health care professional, attorney, or financial advisor and coaching is not intended as a substitute for psychological counseling, therapy, or professional health care advice.

Coach is not a legal, tax, or financial professional, and cannot give you legal, tax, or financial advice. No advice given by Coach shall be interpreted as legal, tax, or financial advice. Similarly, no advice given by Coach should be interpreted as psychological, counseling, medical, or health care advice.

Coach cannot and does not guarantee any particular results, financial or business outcomes. Coach does not hold a fiduciary relationship with Client. The only duties owed to Client by Coach are those expressly contained in this Agreement and any other duty, whether implied by law, by contract, or otherwise, is specifically waived and disclaimed by Client.

A great benefit of Design Success Academy is that we allow access to our program to be shared with your employees (your “team members”) to help implement the work quicker within your business. This can reduce the need to explain the changes you’d like to make with your employees and how to start shifting to new processes. These are the parameters for sharing Design Success Academy access with your team:

 ● There is only one login per paid account. You may share your login account with up to two team members.

● Team members must be full-time or part-time employees. We do not allow contractors to receive access in order to protect our intellectual property.

● You must register your team members before they can access the program.

● Registered Team members may join the live group coaching calls and each paid account is allotted one pre-submitted question per call.

● Registered Team members are welcome to ask additional questions once all of the pre-submitted questions have been answered.

● Registered Team members are welcome to post questions in the Community Hub.

● Team members are able to take all of the Design Success Academy courses.

● You may not share the content or login with any other businesses, design or otherwise.

● Only the owner of the account may be on the onboarding call and quarterly success calls to allow for focus on one set of goals.

● Each paid account gets two submissions for Feedback calls a week.

By attending coaching calls and other Design Success Academy membership events, you are granting MC Home Enterprises LLC permission to take your photograph, record you on video or audio, and to use your photo, voice, and physical surroundings without restrictions for the promotion, publicity, and/or organizational purposes of MC Home Enterprises LLC. This can include print, projection, website, video, or any other future media market.

 You expressly release MC Home Enterprises LLC or representatives of any media or institution that uses, transmits, exhibits or releases photos, videos, or audio recordings of you from any claims arising from such use or distribution.

With your purchase or membership obtained in any fashion, you agree that you are fully responsible for your own participation and hold MC Home Enterprises LLC harmless from any liability, loss of expense that could arise from the use of your photo, video, or voice. You also consent to the use of your name and other material about you that may accompany any photo, video, or audio recording.

Design Success Academy is a yearly program. With your purchase you agree to make all of the payments in your payment plan. Your purchase gives you access to the program and its features and materials for 12 consecutive months. Once your 12-month term is complete you will only have access to "Courses" and the materials and assets unless you renew for another year at the current renewal rate. Any items you’ve downloaded prior to completing the program are yours to keep, but your access to the community, Group Coaching, Live Calls, and any other programs current or past other than the recorded Courses will cease when your year ends. You may renew for as many years as you wish if the content is continuing to be of service to you and your business.

MC Home Enterprises LLC reserves the right to update these terms as needed. The most recent Member Agreement Terms can always be found inside Design Success Academy.

Your purchase verifies that you have read and agree to our Terms and that you will read and abide by updated or revised Member Agreement Terms posted inside Design Success Academy.
Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

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