Terms & Conditions
Momentum Career Hub, operated by Carbon Three Inc • Last Updated: August 15, 2026
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU, AS WELL AS A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 30. PLEASE READ CAREFULLY.
1. About These Terms
These Terms & Conditions (“Terms”) govern your purchase and use of the products, services, courses, memberships, coaching, and materials offered by Momentum Career Hub (“Momentum Career Hub,” “Momentum,” “we,” “us,” or “our”), a trading name of Carbon Three Inc, a Michigan corporation with a business mailing address at 1950 S Rochester Rd, Rochester Hills, MI 48307, through www.momentumcareerhub.com and site.momentumcareerhub.com (together, the “Website” or “Site”), and through any coaching, workshop, webinar, or program delivered by Brooke Dunwell, Momentum's founder, facilitator, coach, and consultant (collectively with the Website, the “Services”).
By purchasing, registering for, placing an order for, or otherwise accessing any Momentum Career Hub product or Service, you agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, incorporated herein by reference. This is a legal agreement between you (“Client,” “you,” or “your”) and Carbon Three Inc, d/b/a Momentum Career Hub (Brooke Dunwell).
You may not order or obtain products or Services from the Site if you (a) do not agree to these Terms, (b) are not at least 18 years of age, or (c) are prohibited from accessing or using the Site or its content, goods, or Services by applicable law. If you do not agree to these Terms, please do not purchase, register for, or use Momentum Career Hub's products or Services.
In the event of a conflict between these Terms and our Privacy Policy or Cookie Policy, these Terms control with respect to purchases and use of the Services.
2. Definitions
“Client,” “you,” and “your” refer interchangeably to any individual who purchases, registers for, subscribes to, or otherwise accesses any Momentum Career Hub product or Service.
“Services” means all coaching, courses, memberships, workshops, webinars, packages, programs, digital downloads, the Website, and deliverables described in Section 4 below.
“Content” means all text, software, videos, graphics, audio, workbooks, templates, and other materials made available through the Services.
“Agreement” means these Terms together with the Refund, Cancellation & Delivery Policy, the Privacy Policy, the Cookie Policy, and any service-specific order form, package description, or signed agreement, all of which are incorporated into these Terms by reference.
3. Eligibility
You must be at least 18 years old and able to enter into a binding contract to purchase or use Momentum Career Hub's Services. You agree to provide accurate, current, and complete billing and account information. By accessing or using the Services, you represent and warrant that you meet these requirements.
4. Our Products and Services
Momentum Career Hub offers career-development products and services, including:
Career coaching (one-to-one)
Career Service & Coaching Packages
Group Cohort Programs / Accelerators, including weekly group sessions combined with 1:1 coaching sessions
Online courses (self-paced) and live courses
Workshops and webinars (live or recorded)
Resume and LinkedIn Makeovers
Application Kits
Interview Prep Kits
Digital downloads, ebooks, and templates
Memberships (see Section 4.1 below)
The Momentum Credit 90-Day Guarantee upgrade feature (see Section 6.1 below)
All applicable service packages include supporting materials such as guides, toolkits, checklists, videos, and exercises, where described on the relevant product page. Descriptions, inclusions, formats, and durations for each product or Service are set out on the applicable product page or order form. We may update, rename, or discontinue products and Services at our discretion; changes will not affect access you have already paid for, except as required by law or these Terms.
4.1 Memberships
Momentum Career Hub offers the following memberships:
The Momentum Collective – Inner Circle, hosted on Skool, offered as a monthly or yearly subscription.
Momentum Career Hub: A Career Coach in Your Pocket, hosted on Substack, offered as a Free subscription or a Paid subscription billed monthly or yearly.
Membership subscriptions are billed and managed directly through Skool or Substack, as applicable, and are subject to that platform's own terms of service, billing practices, and cancellation process, in addition to these Terms. To cancel a membership, Client must cancel directly through the applicable platform; Momentum Career Hub cannot process membership cancellations on Client's behalf. This license is granted for use by one (1) individual only; if a friend, business partner, or colleague would also like to participate, each individual must purchase a separate membership.
5. Purchases, Pricing, and Payment
Prices are shown on the Site in U.S. Dollars (USD) and may exclude applicable taxes, which are added at checkout where required. By purchasing, you agree to pay the total fee and any applicable taxes, and you consent to Momentum Career Hub authorizing the applicable charge to your credit card, debit card, bank account, or other payment method through our third-party payment processor.
Payment is processed by Stripe. We accept credit card, Apple Pay, Venmo, PayPal, and ACH bank transfer, as made available at checkout.
Installment (payment plan) purchases: We offer installment payment plans on select service packages. If Client selects an installment plan, Client authorizes Momentum Career Hub to charge the agreed installments on the applicable schedule until paid in full. Client remains responsible for the full purchase price regardless of Client's participation, cancellation, or discontinued use of the Service, except as expressly provided in the Refund, Cancellation & Delivery Policy. Missed or failed installment payments may result in a pause or suspension of access to the applicable Service until payment is brought current, and may be referred to collections at Momentum Career Hub's discretion.
For memberships (subscriptions), you authorize recurring charges on the applicable billing platform (Skool or Substack) until you cancel directly through that platform in accordance with Section 4.1.
6. Cancellations, Refunds, Expiration, Delivery & Revisions
Refunds, cancellations, rescheduling, service expiration, delivery timing, and revisions are governed by Momentum Career Hub's Refund, Cancellation & Delivery Policy, which is incorporated into these Terms by reference. In the event of a conflict between that Policy and this Section 6, the Refund, Cancellation & Delivery Policy controls.
6.1 Momentum Credit – 90-Day Guarantee
Momentum Career Hub offers the Momentum Credit 90-Day Upgrade Program, under which eligible purchases earn credit toward a future upgrade to a higher-priced package or Service within a 90-day window. Full eligibility, redemption, stacking, expiration, and abuse-prevention terms are set out in the Momentum Credit – 90-Day Upgrade Program Terms & Conditions, which is incorporated into these Terms by reference. In the event of a conflict between that document and this Section 6.1, the Momentum Credit – 90-Day Upgrade Program Terms & Conditions controls.
7. Access and License
On purchase, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the applicable product or Service for your own personal, non-commercial career development. You may download materials only where the product expressly allows it, and only for your own personal use, and you must retain all copyright and other proprietary notices contained in any Content you download or print.
You are prohibited from reselling, sublicensing, or distributing purchased Content. If you violate any portion of these Terms, you must immediately destroy any copies you made of our Content, and your right to access and use the applicable Service and Content will terminate automatically. We reserve the right to revoke your access to any purchased material, without refund, and to take any appropriate legal action for infringement of our intellectual property rights.
8. Acceptable Use, Prohibited Conduct, and Account Security
You may access and use the Services for lawful purposes only. You agree not to:
Share, resell, sublicense, or publicly post our paid Content, materials, or login credentials;
Reproduce, distribute, or create derivative works from our materials except as expressly permitted;
Post, transmit, or make available content that infringes another's trademark, copyright, proprietary, or privacy rights, including another person's personal data;
Post, transmit, or make available content that is obscene, defamatory, pornographic, sexually explicit, promotes violence, contains hate speech, or invades another's privacy;
Access the Services to carry out commercial activity unrelated to your own personal use, or to transmit spam;
Use the Services for any unlawful purpose or in a manner that harasses, threatens, or abuses Momentum Career Hub staff, coaches, or other clients;
Attempt to circumvent, disable, or interfere with security-related features of the Site or restrictions on use or copying of Content.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. In our sole discretion, we may refuse service, remove or edit content, and suspend or terminate accounts or access, without refund, for breach of these Terms or conduct we reasonably determine to be harmful, unlawful, fraudulent, or that could create civil liability.
9. Intellectual Property; Content and Marks
All content we provide — including course materials, videos, workbooks, ebooks, toolkits, guides, checklists, exercises, coaching frameworks, metatags, scripts, graphics, photos, sounds, interactive features, and the Site itself (“Content”), and the trademarks, service marks, trade dress, and logos contained therein (“Marks”) — is owned by or licensed to Carbon Three Inc / Momentum Career Hub and is protected by copyright and other applicable U.S. and foreign laws and international conventions. Content is provided to you “as is” for your personal use only. Momentum Career Hub reserves all rights not expressly granted in and to the Site and the Content. “Momentum Career Hub” and associated logos are our trademarks and may not be used without our prior written permission.
10. Third-Party Sites, Links, and Software
The Site may contain links to third-party websites that are not owned or controlled by Momentum Career Hub. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, and we encourage you to review the terms and privacy policy of any site you visit. By using the Site, you expressly relieve Momentum Career Hub from any and all liability arising from your use of any third-party website.
Viewing or accessing certain features of the Site may require third-party software (plug-ins, add-ons, extensions, etc.). We make no warranties that such third-party software will be compatible with your device and disclaim liability for damages arising from your download, installation, or use of third-party software to access the Site.
You may not obtain a username and password, or access or use the Services, if you are a direct competitor of Momentum Career Hub, except with our prior written consent, and you may not access the Services to monitor availability, performance, or functionality, or for benchmarking or competitive purposes.
11. Rights in Data
You authorize and consent to the collection, storage, and use by Momentum Career Hub and its affiliates, partners, and agents of information and data related to or derived from your use of the Site and Services (“Data”). As between Momentum Career Hub and you, you retain ownership of your Data that constitutes your personal information, which is handled in accordance with our Privacy Policy.
You grant Momentum Career Hub a non-exclusive, royalty-free, worldwide license to use aggregate, de-identified usage data derived from your use of the Site and Services (such as search requests, usage patterns, and referrer information) to operate, improve, and develop the Services. Momentum Career Hub will not include personally identifiable information in this aggregate Data, which will be treated as non-confidential and non-proprietary.
12. User Submissions, Testimonials, and Copyright (DMCA) Notices
If you post content (for example, in a community, in comments, or as a testimonial, review, question, or suggestion) (“User Submissions”), you grant Momentum Career Hub a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, distribute, display, and prepare derivative works of that content in connection with the Services and our marketing. You represent that you own or have the necessary rights, consents, and permissions to grant this license, including consent from any identifiable individual referenced in your submission. You may request removal of a User Submission at any time by emailing support@momentumcareerhub.com.
Momentum Career Hub separately collects testimonials and obtains Client's express written consent before using any testimonial, name, likeness, or story in marketing materials. Client's participation in coaching or other Services does not, by itself, authorize use of Client's testimonial.
You agree not to submit content that is illegal, obscene, threatening, defamatory, harassing, hateful, sexually explicit, infringing of another's intellectual property or privacy rights, or that impersonates another person, and not to submit spam, chain letters, political campaign material, or commercial solicitations. We may remove any User Submission and/or suspend or terminate a user's access for violating this Section, at our sole discretion and without prior notice. We do not endorse any User Submission and expressly disclaim liability in connection with User Submissions.
Copyright (DMCA) Notice: If you believe content on the Site infringes your copyright, you may submit a notice to our copyright agent at support@momentumcareerhub.com that includes: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on the owner's behalf. We will terminate access for users determined to be repeat infringers and will not refund any unused portion of a purchase terminated on that basis.
13. Confidentiality
Momentum Career Hub will not disclose the details of any information communicated to Momentum Career Hub by Client within the scope of the Client–Momentum Career Hub relationship, except with Client's express written agreement, as needed for a third-party consult or professional supervision, or as required by law.
Client agrees not to disclose any proprietary information, confidential information, or trade secrets relating to Momentum Career Hub's Services, including Momentum Career Hub's methods, frameworks, and procedures.
In group programs, courses, or community settings, Client agrees not to discuss or disclose the personal results or experience of other participants, and not to share, reproduce, or create derivative works from content belonging to another participant.
Client understands, acknowledges, and agrees that the Client–Momentum Career Hub relationship does not create a relationship of special legal or confidential privilege, such as an attorney-client or doctor-patient relationship, and is not protected by any legal privilege. No submission of data or information by Client to Momentum Career Hub creates a confidential or fiduciary relationship or any expectation of confidentiality beyond what is expressly stated in this Section and our Privacy Policy.
14. Disclaimer
Momentum Career Hub's staff are not licensed psychologists or health care professionals. Momentum Career Hub's advice is not a substitute for medical care and advice or psychological counseling. If Client is experiencing health problems, whether physical or mental, including any thoughts or feelings of suicide, Client is urged to seek emergency medical attention right away.
Any information or content provided by Momentum Career Hub to Client is solely for educational and informational purposes. Momentum Career Hub is not a medical professional, licensed counselor, accountant, or attorney and does not hold itself out to be. We make no guarantees or financial claims of any kind regarding any potential income you may earn or generate by using our Services or implementing information provided through them.
Clients are encouraged to seek professional advice and counsel relating to medical, mental, psychological, legal, business, and financial matters. The information or content provided to Client by Momentum Career Hub is not represented in any way to be a substitute for such professional advice.
Momentum Career Hub does not guarantee Client's results or the likely outcome of Momentum Career Hub's Services. We do not guarantee any specific outcome of any kind, whether financial, physical, emotional, psychological, social, spiritual, legal, or otherwise, including but not limited to employment, interviews, salary, offers, or career advancement. Client's outcome may be influenced by numerous variables, including but not limited to Client's cooperation, focus, energy, and dedication, as well as outside circumstances beyond Momentum Career Hub's control.
Client's decision to use information offered by Momentum Career Hub and Brooke Dunwell is purely voluntary, and Client acknowledges, understands, and agrees that Client uses such information at Client's own risk. Momentum Career Hub is not liable for any harm or damages arising from or related to Client's use or non-use of information or content provided by Momentum Career Hub under this Agreement, or information or content that Momentum Career Hub fails to provide to Client. Nothing in this Agreement constitutes legal, financial, tax, medical, or psychological advice.
15. Warranty Disclaimer
THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MOMENTUM CAREER HUB AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MOMENTUM CAREER HUB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S OR SERVICES' CONTENT, AND ASSUMES NO LIABILITY FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT POSTED, EMAILED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. MOMENTUM CAREER HUB DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE.
In the event of a service interruption, Momentum Career Hub will make commercially reasonable efforts to restore access as soon as practical. We reserve the right to make changes, additions, corrections, and improvements to the Site and Services at any time without notice.
16. Affiliate Disclaimer
Some links provided through our Services may be affiliate links controlled by third parties, or links to products and services for which Momentum Career Hub earns an affiliate fee, referral fee, or commission. We use reasonable efforts to disclose affiliate relationships. By clicking an affiliate link, you accept responsibility for any consequences of visiting the third-party website or purchasing goods or services from it.
17. Client Cooperation and Responsibilities
The parties agree to communicate and cooperate with each other as needed to execute the purpose and scope of this Agreement in a professional and amicable manner. Client agrees to make a good-faith effort to implement guidance, advice, tips, and insights gained through the Momentum Career Hub relationship. Client agrees to communicate information relevant to Client's coaching sessions and the purpose of this Agreement openly and honestly with Momentum Career Hub. Client agrees to participate actively in coaching sessions, to be on time for scheduled sessions, and to make reasonable efforts to complete assigned tasks and exercises to help foster the best possible outcome. Client acknowledges that Client's own effort and participation materially affect Client's results, as described in Section 14.
18. Independent Contractor Status; Relationship of the Parties
Momentum Career Hub provides Services to Client as an independent contractor, not as an employee, agent, partner, or joint venturer of Client. This Agreement is not an employment agreement and does not create a partnership, franchise, joint venture, agency, or fiduciary relationship between Momentum Career Hub (or Brooke Dunwell) and Client. Nothing in this Agreement confers any third-party rights or benefits.
Momentum Career Hub has no authority to enter into any binding agreement on behalf of Client, or to hold itself out as having such authority, and is not entitled to any employee benefits from Client. Neither party has authority to act in the name of, or otherwise bind, the other party in any way, except as expressly stated in this Agreement.
This Agreement does not restrict Momentum Career Hub or Brooke Dunwell from providing coaching or other services to other clients.
19. Taxes and Liabilities
Client and Momentum Career Hub agree that, as an independent contractor, Momentum Career Hub (through Carbon Three Inc) is responsible for paying any and all withholding and other taxes imposed by law on amounts it receives under this Agreement. No income taxes or payroll taxes of any kind will be paid or withheld by Client on Momentum Career Hub's behalf. Momentum Career Hub agrees to indemnify Client for any tax liability imposed on Client solely due to Momentum Career Hub's failure to pay any taxes it is required to pay.
20. Declaration by Momentum Career Hub
Momentum Career Hub declares that it has complied with all applicable federal, state, and local laws regarding any business licenses, permits, or insurance required to perform the Services described in this Agreement.
21. Data Security
While Momentum Career Hub takes reasonable precautions to protect the security of information Client provides, Client acknowledges the inherent risk of transmitting data electronically and transmits such data at Client's own risk. Additional information about how we protect and process personal data is set out in our Privacy Policy.
22. Limitation of Liability
Momentum Career Hub's Services and work product are provided and sold “as is” and “as available.” To the fullest extent permitted by applicable law, in no event will Momentum Career Hub, Carbon Three Inc, Brooke Dunwell, or their respective directors, officers, employees, agents, contractors, or affiliates be liable to Client for any direct, indirect, special, incidental, punitive, or consequential damages, losses, or expenses, including loss of profits, loss of goodwill, loss of data, or business disruption, arising out of or relating to Client's use of, or outcome in connection with, Momentum Career Hub's Services, the Site, or any Content, whether the claim is based in contract, tort (including negligence), statute, or otherwise, and even if Momentum Career Hub has been advised of the possibility of such damages.
In all circumstances, Client's sole and exclusive remedy, and the maximum aggregate liability of Momentum Career Hub, Carbon Three Inc, Brooke Dunwell, and their respective directors, officers, employees, agents, contractors, or affiliates to Client for any and all claims arising out of or relating to this Agreement, will be limited to the greater of: (a) the fees Client paid to Momentum Career Hub during the three (3) months immediately preceding the event giving rise to the claim; or (b) the total price of the specific package, product, or Service purchased by Client that gave rise to the claim.
Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including certain statutory consumer protections available to residents of the European Union or United Kingdom.
23. Indemnification
You agree to indemnify, defend, and hold harmless Carbon Three Inc, Momentum Career Hub, and Brooke Dunwell, and their respective directors, officers, employees, agents, and affiliates, from and against any and all third-party claims, losses, damages, expenses, liabilities, and causes of action (including reasonable attorneys' fees) arising from or related to: (a) your breach of these Terms; (b) your violation of any third party's rights; (c) your performance or non-performance of your obligations under this Agreement; or (d) your misuse of Momentum Career Hub's products, Services, or Content.
24. Assignment
You may not assign your rights or obligations under this Agreement without our express written consent. Momentum Career Hub may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets.
25. Unsolicited Idea Submission Policy
Please do not send unsolicited ideas to Momentum Career Hub, including ideas for advertising, promotions, products, product improvements, processes, materials, marketing plans, or product names. Neither Momentum Career Hub nor its employees accept or consider unsolicited ideas, and this policy is intended to avoid disputes when our products, Services, or marketing strategies happen to resemble ideas submitted to us without solicitation.
If, despite this request, you send us your ideas, you agree that: (1) your ideas automatically become the property of Momentum Career Hub without compensation to you; and (2) Momentum Career Hub may use the ideas for any purpose, in any way, including sharing them with others, without compensation or acknowledgment to you. You hereby assign such ideas to Momentum Career Hub and waive any moral rights of attribution and integrity in them. When we wish to solicit your feedback on our Services, we will do so through a dedicated channel.
26. Compliance with Applicable Laws; International Use
Our business is based in the United States, and these Terms and our Services are governed by U.S. and Michigan law as set out in Section 30. We do have clients and program participants located in the United Kingdom and European Union, and we make reasonable efforts to honor the data protection rights described in our Privacy Policy for those individuals. We make no representation that the Site or Services are appropriate, legally permitted, or available for use in every jurisdiction outside the United States, and if you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local law.
27. Term and Termination
27.1 Term
This Agreement commences on the date you accept it (by purchase, registration, or use of the Services) and continues until terminated as provided in this Section.
27.2 Term of Single-Session Services
For a single, standalone session purchase (for example, a stand-alone Strategy Session or job search review that is not part of a multi-session package), this Agreement, as it relates to that specific session, terminates automatically twenty-four (24) hours after the session is completed, unless terminated earlier under this Section. For multi-session packages, programs, and memberships, this Agreement continues until all purchased Services have been used, expire under the Service Expiration Policy, or are otherwise terminated under this Section.
27.3 Termination by Momentum Career Hub
Momentum Career Hub may suspend or terminate your access to the Site or any Service, without refund, at any time, for breach of these Terms, non-payment, abusive conduct, suspected unlawful activity, or other conduct we reasonably determine to be harmful to Momentum Career Hub, our staff, or other clients. If Client breaches this Agreement by failing to perform Client's obligations, Momentum Career Hub may terminate this Agreement immediately; Client will not be refunded for any future coaching sessions included in Client's package and remains responsible for the full purchase price of the Service.
27.4 Termination by Client
You may stop using the Site at any time. If Client no longer wishes to attend coaching sessions or continue a program, Client may cancel this Agreement; however, the purchase price of the Service already purchased remains non-refundable except as expressly stated in the Refund, Cancellation & Delivery Policy or Section 27.5 below.
27.5 Termination for Cause; Refund Consequences
If Momentum Career Hub is unable to fulfill its obligations under this Agreement for any reason other than Client's material breach of this Agreement or circumstances outside Momentum Career Hub's reasonable control (see Section 29, Force Majeure), Client will be refunded for any unused coaching sessions. If Momentum Career Hub breaches this Agreement by failing to perform its obligations, Client may terminate this Agreement immediately and will be refunded for any unused coaching sessions.
27.6 Survival
Sections 9 (Intellectual Property), 12 (User Submissions and Copyright Notices), 13 (Confidentiality), 14 (Disclaimer), 15 (Warranty Disclaimer), 19 (Taxes and Liabilities), 22 (Limitation of Liability), 23 (Indemnification), and 30 (Governing Law, Jurisdiction, and Dispute Resolution) survive termination or expiration of this Agreement. You remain solely liable for all payment obligations related to your use of the Services, even after you stop using them.
28. Force Majeure
Neither party will be liable for any delay or failure to fulfill its obligations under this Agreement if the delay or failure is caused by forces beyond its reasonable control, including without limitation natural or nuclear disaster, fire, flood, riot, war (declared or undeclared), acts of terrorism, revolution, embargoes, strikes, work stoppages, civil or military disturbance, loss of communication or computer services, illness, pandemic, or acts of God. In any such event, the affected party will be relieved of its obligations under this Agreement during the Force Majeure event and will resume performance as soon as reasonably practicable. Momentum Career Hub will notify Client of any material delay caused by a Force Majeure event.
29. Miscellaneous
Waiver. Our failure to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision. A waiver is effective only if made by us in a signed, written agreement, and applies only to the provision expressly waived.
Headings. Section headings in these Terms are for convenience only and have no legal effect.
Attorney Fees. In any action to collect fees or charges due under this Agreement following Client's breach of payment obligations, Client will pay Momentum Career Hub's reasonable attorneys' fees and costs incurred to collect. In any other action arising out of or related to this Agreement, the prevailing party will be entitled to an award of its reasonable attorneys' fees and costs, except to the extent the arbitrator awards fees under Section 30.
30. Governing Law, Jurisdiction, and Dispute Resolution
These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles, as if executed and wholly performed there.
Informal Resolution. If a dispute arises from or relating to this Agreement, our Content, or the Services, and the parties are unable to resolve it through direct communication, the parties agree to first attempt to settle the dispute through mediation with a mutually agreed mediator in Michigan, sharing the mediator's fees equally (other than each party's own attorney's fees).
Binding Arbitration. If mediation does not resolve the dispute, YOU AND MOMENTUM CAREER HUB AGREE TO GIVE UP ANY RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. Any claim, dispute, or controversy between you and Momentum Career Hub arising from or relating to your purchase or use of the Services will be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at www.adr.org or 1-800-778-7879), and the Federal Arbitration Act governs interpretation and enforcement of this Section. The arbitrator has exclusive authority to resolve disputes relating to the arbitrability or enforceability of this provision, and may grant any relief available in court under law or equity. Any arbitration award is final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award the prevailing party its reasonable attorneys' fees and costs.
Class Action Waiver. You agree to arbitrate on an individual basis only. Neither you nor Momentum Career Hub may join or consolidate claims by or against other clients in court or arbitration, or participate in any claim as a class representative, class member, or in a private attorney general capacity. If any part of this class action waiver is found unenforceable, the unenforceable part will be severed and the remaining arbitration terms will be enforced.
Injunctive Relief Carve-Out. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the state or federal courts located in Oakland County, Michigan to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality rights.
For any matter not subject to arbitration, the state and federal courts located in Oakland County, Michigan will have exclusive jurisdiction, and Client unconditionally and irrevocably consents to the personal and subject-matter jurisdiction of those courts and waives any defense of forum non conveniens.
31. Severability
If any provision of this Agreement is found invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it will be severed, and the remaining provisions will remain in full force and effect.
32. Entire Agreement; Modification
This Agreement, including the documents incorporated by reference, and as may be amended by Momentum Career Hub from time to time, constitutes the entire agreement between Client and Momentum Career Hub regarding the Site and Services, and supersedes all prior or contemporaneous discussions, agreements, or representations on that subject. No other agreement, promise, or statement made before the effective date of this Agreement is binding on the parties. This Agreement may be modified only in a writing signed by both parties, except that Momentum Career Hub may update these Terms as described in Section 33.
33. Changes to These Terms
We may update these Terms from time to time. The version in effect at the time of Client's purchase applies to that purchase. Continued use of our Services after changes are posted constitutes acceptance of the updated Terms for future purchases.
34. Acknowledgement
Client acknowledges that Client has read this entire Agreement before entering into it and has had the opportunity to have this Agreement reviewed by an attorney.
35. Contact
Momentum Career Hub (Carbon Three Inc)
1950 S Rochester Rd, Rochester Hills, MI 48307
support@momentumcareerhub.com