Terms and Conditions
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The Hitchens Enterprises LLC dba The MH Trainer
Website: courses.themhtrainer.com
Business Address: 4401 Atlantic Ave, Ste 200, Long Beach, CA 90807, USA
Email: info@themhtrainer.com
Phone: 562-661-5013
Effective Date: Updated 3-2-26
Agreement Overview
This Agreement applies as between you, the user of this Website (“User”), and The Hitchens Enterprises LLC dba The MH Trainer (“The MH Trainer,” “we,” “us,” or “our”), the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website.
Purchases of Courses or other Paid Content are governed by the purchase-related clauses in these Terms (including pricing, orders, access, cancellations, and refunds). If you do not agree to be bound by these Terms and Conditions, you must stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a confirmation email and/or providing you access to the purchased Course(s) or Paid Content.
1. Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:
"Account" means collectively the personal information, Payment Information (if any), and credentials used by Users to access Paid Content and/or any communications System on the Website.
"Content" means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
"Courses" means the online courses and related digital educational materials offered by The MH Trainer through the Website.
"Paid Content" means any paid digital content made available through the Website, including Courses, course materials, downloads, assessments, and related resources.
"Facilities" means collectively any online features, tools, resources, or information that The MH Trainer makes available through the Website either now or in the future.
"Payment Information" means any details required for the purchase of Courses or Paid Content from this Website, including, but not limited to, credit/debit card information or other payment method details processed by our payment processors.
"Premises" means our place of business located at 4401 Atlantic Ave, Ste 200, Long Beach, CA 90807, USA.
"System" means any online communications infrastructure that The MH Trainer makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links.
"User" / "Users" means any third party that accesses the Website and is not employed by The Hitchens Enterprises LLC dba The MH Trainer and acting in the course of their employment.
"Website" means the website that you are currently using (courses.themhtrainer.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
"We/Us/Our" means The Hitchens Enterprises LLC dba The MH Trainer, a California limited liability company located at 4401 Atlantic Ave, Ste 200, Long Beach, CA 90807, USA.
2. Age Restrictions
Persons under the age of 18 may use this Website only with the supervision of a parent or legal guardian. Payment Information must be provided by, or with the permission of, a parent or legal guardian.
3. Business Customers
These Terms and Conditions also apply to customers who purchase Courses or Paid Content in the course of business.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 6, all Content included on the Website (unless uploaded by Users), including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software is the property of The MH Trainer, our affiliates, or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable intellectual property laws.
4.2 Subject to Clause 6, you may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights, including but not limited to copyrights and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6, you may not reproduce, copy, distribute, store, or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be used without written permission only to the extent permitted by applicable United States copyright law, including the doctrine of fair use.
7. Course Content License and Restrictions
7.1 Limited License Grant. Upon purchasing a Course or Paid Content, The MH Trainer grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Course materials solely for your personal, non-commercial educational purposes. This license does not transfer any ownership rights in the Course content to you.
7.2 Single User Access. Each Course purchase or enrollment is for a single individual only. You may not share your Account login credentials with any other person. You may not allow others to access Courses through your Account, whether for free or for payment. Each individual who wishes to access a Course must purchase their own enrollment.
7.3 Prohibited Uses. You expressly agree that you will NOT:
7.3.1 Copy, reproduce, distribute, publish, display, perform, or create derivative works from any Course content, including but not limited to videos, audio recordings, written materials, assessments, quizzes, slides, images, templates, forms, and downloadable resources;
7.3.2 Record, capture, download (except where expressly permitted), screenshot, or otherwise copy any video, audio, or visual content from any Course using any technology, software, or device;
7.3.3 Transcribe, summarize for distribution, or otherwise reproduce Course content in written form for sharing with others;
7.3.4 Upload, post, or share any Course content on any website, social media platform, file-sharing service, learning management system, or other online or offline medium;
7.3.5 Use any Course content for commercial purposes, including but not limited to incorporating content into your own training programs, courses, presentations, or materials offered to others, whether for compensation or not;
7.3.6 Remove, alter, or obscure any copyright notices, watermarks, or other proprietary designations from any Course content;
7.3.7 Use automated tools, bots, scrapers, or other technology to access, download, or copy Course content;
7.3.8 Resell, sublicense, rent, lease, or lend access to any Course or Paid Content; or
7.3.9 Assist, encourage, or enable any third party to do any of the foregoing.
7.4 Permitted Uses. You may:
7.4.1 View Course content as many times as you wish during your access period for your personal learning;
7.4.2 Take personal notes for your own study and reference;
7.4.3 Download materials that are expressly designated as downloadable within the Course platform, for your personal use only;
7.4.4 Print one (1) copy of downloadable materials for your personal, non-commercial use; and
7.4.5 Reference general concepts learned in the Course in your professional practice, provided you do not reproduce or distribute the specific content, materials, or proprietary methods taught.
7.5 Ownership. All Course content, including all intellectual property rights therein, remains the sole and exclusive property of The MH Trainer and/or its licensors. Nothing in these Terms transfers any ownership rights to you. All rights not expressly granted herein are reserved by The MH Trainer.
7.6 Monitoring and Enforcement. We reserve the right to monitor usage patterns and access to detect potential violations of these Terms. Unusual activity, such as simultaneous logins from multiple locations or excessive downloads, may be investigated and may result in suspension or termination of access.
8. Consequences of Intellectual Property Violations
8.1 Account Termination. Any violation of Section 7 (Course Content License and Restrictions) may result in immediate termination of your Account and revocation of your access to all Courses and Paid Content, without refund.
8.2 Legal Action. The MH Trainer reserves the right to pursue all available legal remedies against any individual or entity that infringes upon our intellectual property rights, including but not limited to:
8.2.1 Injunctive relief to stop ongoing infringement;
8.2.2 Actual damages and lost profits;
8.2.3 Statutory damages as provided under the U.S. Copyright Act (17 U.S.C. § 504);
8.2.4 Recovery of attorneys' fees and costs; and
8.2.5 Any other remedies available at law or in equity.
8.3 Liquidated Damages. You acknowledge that unauthorized reproduction or distribution of Course content causes harm to The MH Trainer that may be difficult to quantify. Accordingly, in the event of a breach of Section 7, you agree to pay liquidated damages of $5,000 per instance of infringement, or actual damages, whichever is greater. You agree this amount is a reasonable estimate of The MH Trainer's potential damages and is not a penalty.
8.4 Reporting Violations. If you become aware of any unauthorized use or distribution of Course content, please report it immediately to info@themhtrainer.com.
9. Digital Millennium Copyright Act (DMCA) Compliance
9.1 Respect for Intellectual Property. The MH Trainer respects the intellectual property rights of others and expects our Users to do the same. We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA").
9.2 DMCA Takedown Notices. If you believe that any content on our Website infringes your copyright, you may submit a DMCA takedown notice to our designated agent. Your notice must include:
9.2.1 A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
9.2.2 Identification of the copyrighted work claimed to have been infringed;
9.2.3 Identification of the material that is claimed to be infringing, with sufficient information to locate it on our Website;
9.2.4 Your contact information, including address, telephone number, and email address;
9.2.5 A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
9.2.6 A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
9.3 Designated Agent. DMCA notices should be sent to:
The MH Trainer — DMCA Agent The Hitchens Enterprises LLC dba The MH Trainer 4401 Atlantic Ave, Ste 200 Long Beach, CA 90807 Email: info@themhtrainer.com Phone: 562-661-5013
9.4 Counter-Notification. If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent with the information required under 17 U.S.C. § 512(g)(3).
9.5 Repeat Infringers. We will terminate the Accounts of Users who are determined to be repeat infringers of intellectual property rights.
10. User-Generated Content
10.1 License to User Content. If any feature of the Website permits you to submit, post, or upload content (such as comments, forum posts, or assignments), you grant The MH Trainer a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, display, and distribute such content in connection with operating and improving the Website and Courses.
10.2 Your Representations. By submitting any content, you represent and warrant that:
10.2.1 You own or have the necessary rights to submit the content;
10.2.2 The content does not infringe any third party's intellectual property or other rights; and
10.2.3 The content complies with these Terms and Conditions.
10.3 No Obligation. We are not obligated to use, display, or maintain any User-submitted content and may remove it at any time for any reason or if it violates 1.2.1.1 below.
11. Links to This Website & Other Websites
Those wishing to place a
link to this Website on other sites may do so only to the home page of the
site courses.themhtrainer.com without our prior permission. Deep
linking (links to specific pages within the site) requires our express written permission.
To request permission, contact us at info@themhtrainer.com or
call 562-661-5013.
This Website may contain links to other sites. Unless expressly stated, these
sites are not under the control of The MH Trainer or that of our affiliates. We
assume no responsibility for the content of such websites and disclaim
liability for any and all forms of loss or damage arising out of the use of
them. The inclusion of a link to another site on this Website does not imply
any endorsement of the sites themselves or of those in control of them.
12. Use of Communications Facilities
12.1 When using any System on the Website, you must do so in accordance with the following rules. Failure to comply may result in your Account being suspended or closed:
12.1.1 You must not
use obscene or vulgar language;
12.1.2 You must not submit Content that is unlawful or otherwise
objectionable, including Content that is abusive, threatening, harassing,
defamatory, discriminatory, or hateful;
12.1.3 You must not submit Content intended to promote or incite violence;
12.1.4 It is recommended that submissions are made in English, as we may
be unable to respond to enquiries submitted in other languages;
12.1.5 The means by which you identify yourself must not violate these
Terms and Conditions or any applicable laws;
12.1.6 You must not impersonate other people, particularly employees or
representatives of The MH Trainer; and
12.1.7 You must not use our System for unauthorized mass communication
such as “spam” or “junk mail.”
12.2 We reserve the right to monitor communications made to us or using our System.
12.3 We may retain copies of communications made to us or using our System.
12.4 Any
information you send to us through our System may be modified by us for
clarity, formatting, and operational purposes. If you wish to place
restrictions on our use of such information, you must communicate those
restrictions in advance, and we reserve the right to reject such terms.
12.5 SMS/Text Messaging Program (Appointment Notifications and Optional Promotions)
This campaign is used to send appointment confirmation and appointment reminder messages to customers who have booked an appointment through our Website https://courses.themhtrainer.com/ and have explicitly opted in to receive SMS communications. SMS messages are used for appointment confirmations, reminders, and related service notifications, with optional promotional updates for users who have separately opted in.
12.6 How You Provide Consent (Opt-In)
Customers provide consent by actively selecting an unchecked checkbox before submitting their information through our Website. No cold outreach, purchased lists, or third-party messaging is used.
12.7 Consent Not a Condition of Purchase
Consent to receive SMS/text messages (including promotional messages) is not a condition of purchase and is not required to buy Courses or Paid Content.
12.8 Message Frequency and Message/Data Rates
Message frequency may vary. Message and data rates may apply.
12.9 Opt-Out, Help, and Carrier Liability
Customers may reply STOP to opt out of SMS messages or HELP for assistance. Mobile carriers are not liable for delayed or undelivered messages.
13. Accounts
13.1 In order to purchase Courses or Paid Content on this
Website and/or use certain parts of the Website, you may be required to create
an Account. By continuing to use this Website, you represent and warrant that:
13.1.1 all information you submit is accurate and truthful;
13.1.2 you have permission to submit Payment Information where
permission may be required; and
13.1.3 you will keep this information accurate and up-to-date.
13.2 You should not share your Account details, particularly your username and password. We accept no liability for losses or damages incurred as a result of your Account details being shared by you.
13.3 If you believe your Account details have been obtained or used without your consent, you must contact us immediately to suspend your Account. You are responsible for activity that occurs through your Account prior to notifying us. Refund eligibility (if any) is governed by Section 14 (Cancellation and Refund Policy).
13.4 When choosing a username, you are required to adhere to Clause 9. Failure to do so may result in suspension and/or deletion of your Account.
14. Termination and Cancellation of Accounts
14.1 Either you or The MH Trainer may terminate your Account. If we terminate your Account, we will notify you by email, and we may provide an explanation, though we reserve the right to terminate without giving reasons.
14.2 If your Account is terminated due to a violation of these Terms, you may lose access to Courses or Paid Content without refund, to the maximum extent permitted by law.
14.3 Termination of an Account does not automatically cancel payment obligations for payment plans or amounts that became due prior to termination.
15. Courses, Pricing, and Availability (United States Only)
15.1 Courses Only (No Services).
The MH Trainer provides online Courses and related digital educational
materials only. We do not currently provide consulting, coaching, or
other services unless expressly stated in writing at the time of purchase.
15.2 Course Descriptions.
We make every effort to ensure course descriptions are accurate. Courses and
materials may be updated from time to time to improve clarity, correct errors,
maintain compliance, or reflect changes in requirements. Such updates will not
materially reduce the overall value of the course you purchased.
15.3 Availability.
We do not guarantee that any Course will be available at all times. We may
modify, suspend, or discontinue Courses or content at any time.
15.4 Pricing.
All pricing displayed is subject to change. We may modify or discontinue
promotions at any time.
15.5 Price at Checkout Controls.
The price shown at checkout at the time you place your order is the price that
applies to your purchase.
16. Orders, Payment, and Access
16.1 Orders.
Your order is an offer to purchase a Course or Paid Content, which we may
accept or decline in our sole discretion.
16.2 Acceptance and Confirmation.
Acceptance is indicated by sending an order confirmation email and/or by
providing access to the purchased Course(s) or Paid Content.
16.3 Confirmation Details.
Order confirmations may include:
16.3.1 the Course(s) purchased and main characteristics;
16.3.2 itemized pricing, including applicable taxes and charges;
16.3.3 access details (login credentials/instructions); and
16.3.4 any terms disclosed at checkout.
16.4 If We Do Not Accept Your Order.
If we do not accept an order, no payment will be taken under normal
circumstances. If a payment is processed and the order is not accepted, we will
refund the amount paid within 14 calendar days.
16.5 Payment Plans (If Offered).
If you enroll using a payment plan, you authorize us and our payment processor
to charge your payment method according to the schedule disclosed at checkout.
16.6 Access and Delivery.
Course access is delivered electronically, typically through online access to
materials. We strive to provide access promptly, but timing may vary due to
processing, verification, or platform availability.
16.7 Technical Support.
We may offer technical support via email, phone, and/or an online support
forum. We do not guarantee a specific response time.
17. Cancellation and Refund Policy (United States Only)
If you need to contact us about your order, email info@themhtrainer.com or call 562-661-5013.
17.1 No Refunds After Course Start.
The MH Trainer does not offer refunds once a learner has started a course. “Started”
includes, but is not limited to, accessing course content, beginning any
lesson/module, downloading materials, taking quizzes, or otherwise engaging
with the course after enrollment.
17.2 Cancellation Before Course Access
(If Applicable).
If you request cancellation before starting the course (as defined in 14.1), we
may cancel your enrollment if we can verify that the course was not accessed.
Any refund eligibility (if offered for the specific product) will be governed
by the terms disclosed at checkout and/or included in your order confirmation.
17.3 Incorrect Enrollment or Billing
Error.
If you believe you were enrolled in the wrong course, charged incorrectly, or
experienced a duplicate charge, contact us promptly. If we confirm an error
occurred, we will work to correct it.
17.4 Chargebacks and Payment Disputes.
If you have a billing concern, please contact us first so we can attempt to
resolve it. Unauthorized or improper chargebacks may result in suspension of
access while the dispute is investigated.
18. Privacy
Use of the Website is also governed by our Privacy Policy (courses.themhtrainer.com/privacy), which is incorporated into these Terms and Conditions by reference.
19. How We Use Your Personal Information
19.1 We collect, use, and store personal information in accordance with applicable United States privacy laws and our Privacy Policy.
19.2 We may use your personal information to:
19.2.1 provide access to purchased Courses and Paid Content;
19.2.2 process payments and prevent fraud;
19.2.3 provide customer support and account notices; and
19.2.4 send updates or promotions if you opt in (you may
unsubscribe at any time).
19.3 We do not sell your personal information. We may share limited information with service providers (e.g., payment processors, email providers, learning platforms) only as needed to operate the business and deliver Courses.
20. Disclaimers
20.1 The Website and Courses are provided on an “as is” and “as available” basis to the maximum extent permitted by law. We do not guarantee uninterrupted or error-free operation.
20.2 Educational Use Only.
Course content is for educational purposes only and is not legal, financial, or
professional advice.
20.3 No Guaranteed Results.
We do not guarantee any specific outcome or result from taking our Courses.
21. Changes to the Website and These Terms
We reserve the right to change the Website, its Content, Courses, or these Terms and Conditions at any time. You will be bound by changes from the first time you use the Website after the changes become effective.
22. Availability of the Website
22.1 The Website is provided “as is” and “as available.” We do not guarantee the Website will be free of defects, outages, or faults.
22.2 We are not liable for disruption or non-availability caused by external events beyond our reasonable control (e.g., ISP failure, hosting failure, power outage, natural events, or other force majeure events).
23. Limitation of Liability
23.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage arising from use of the Website or Courses.
23.2 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
23.3 If we are found liable for any claim arising out of or relating to your purchase or use of Courses or the Website, our total liability will not exceed the amount you paid for the Course giving rise to the claim, to the extent permitted by law.
23.4 Severability.
If any term is found unlawful, invalid, or unenforceable, that term will be
deemed severed, and the remaining terms will remain in full force and effect.
24. No Waiver
Failure by any party to exercise any right or remedy contained herein shall not be construed as a waiver of that right or remedy.
25. Previous Terms and Conditions
In the event of any conflict between these Terms and prior versions, these Terms shall prevail unless expressly stated otherwise.
26. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. This Agreement is between you and The MH Trainer.
27. Communications
27.1 Notices/communications should be sent to us by email at info@themhtrainer.com, by phone at 562-661-5013, or by mail to the business address listed above. Notices are deemed received when delivered successfully (email) or delivered by the carrier (mail), as applicable.
27.2 If you opt in, we may send information about Courses and updates. You may unsubscribe at any time using the link in the email.
28. Law and Jurisdiction (California, United States)
These Terms and Conditions and the relationship between you and The MH Trainer shall be governed by and construed in accordance with the laws of the State of California in Los Angeles, without regard to conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms, the Website, or any Course purchase shall be brought in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.
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4401 Atlantic Ave, Ste 200, Long Beach, CA 90807
