Terms and Conditions

Last updated: January 2026

1. Overview

These Terms and Conditions (“Terms”) govern your access to and use of this website and any content, materials, courses, tools, or services offered through it (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

These Terms form a binding agreement between you and [Company Name], operated by Jim Benson and Tonianne DeMaria (“we,” “us,” or “our”).

2. Eligibility and Account Responsibilities

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you meet this requirement.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized use of your account.

3. Changes to These Terms

We may update or modify these Terms from time to time. Changes will be effective when posted on this page with a revised “Last updated” date. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

4. Intellectual Property

All content and materials on the Services—including but not limited to text, images, graphics, logos, icons, videos, course materials, frameworks, and tools (including Personal Kanban and related materials)—are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your personal or internal business purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content without our prior written consent, except as expressly permitted in writing.

5. Permitted and Prohibited Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Services in any way that violates any applicable law or regulation.

Copy, reproduce, resell, or exploit any portion of the Services for commercial purposes without our prior written permission.

Reverse engineer, decompile, or otherwise attempt to derive the source code of any software used in the Services.

Introduce viruses, malware, or other harmful code, or attempt to gain unauthorized access to the Services or related systems.

Harass, abuse, or harm other users, or interfere with their use of the Services.

We reserve the right to suspend or terminate access to the Services if we believe you have violated these Terms.

6. Purchases, Payments, and Refunds

If you purchase courses, workshops, consulting, or other paid Services through this site, you agree to provide current, complete, and accurate payment and billing information.

Unless otherwise stated in a specific agreement or checkout page:

Fees are due at the time of purchase or according to the payment schedule specified.

All sales are final and non‑refundable, except where required by law or expressly stated in writing.

We reserve the right to refuse or cancel any order or booking, including for pricing errors, availability issues, or suspected fraud.

If you have a separate written agreement with us (for example, a consulting contract or statement of work), that agreement will govern to the extent it conflicts with these Terms.

7. No Professional Advice

The content and Services we provide, including articles, courses, and consulting‑related information, are for educational and informational purposes only. They do not constitute legal, financial, medical, or other professional advice.

You are responsible for how you apply any concepts or practices in your own organization and for obtaining professional advice where needed.

8. Disclaimers

The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

We do not warrant that the Services will be uninterrupted, secure, error‑free, or that defects will be corrected. We do not guarantee specific results or outcomes from using the Services.

9. Limitation of Liability

To the fullest extent permitted by law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of or inability to use the Services, whether based on contract, tort, negligence, strict liability, or any other theory, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Services or these Terms will not exceed the amount you paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim, or, if no payments were made, one hundred U.S. dollars (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Jim Benson, Tonianne DeMaria, [Company Name], and our officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or connected with:

Your use of or access to the Services.

Your violation of these Terms.

Your violation of any rights of another person or entity.

11. Third‑Party Links and Services

The Services may contain links to third‑party websites, tools, or services that are not owned or controlled by us. We are not responsible for the content, policies, or practices of any third‑party site or service and do not endorse or assume any responsibility for them.

Your use of third‑party sites and services is at your own risk and subject to their terms and policies.

12. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review the Privacy Policy carefully.

13. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them or the Services will be governed by and construed in accordance with the laws of [Province/State] and [Country], without regard to its conflict of law principles.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved in the courts located in [City, Province/State], and you consent to the personal jurisdiction of those courts.

If you and we agree in writing to use arbitration or another form of alternative dispute resolution, those terms will be set out in a separate agreement.

14. Termination

We may suspend or terminate your access to all or part of the Services at any time, with or without cause or notice, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease.

Sections that by their nature should survive termination (such as intellectual property, disclaimers, limitation of liability, and governing law) will survive.

15. Entire Agreement

These Terms, together with any other legal notices or additional terms posted on the Services and any separate written agreement between you and us, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous communications and proposals.

16. Contact Information

If you have any questions about these Terms and Conditions, please contact us.

Modus Cooperandi, Inc

1900 W. Nickerson St, Suite 116-88

Seattle, WA, 98119, United States