HELL YES COACHING LLC
THIRTY MORE MASTERMIND
HELL YES LIVE EVENT
TERMS AND CONDITIONS OF USE AGREEMENT
This Terms and Conditions of Use Agreement (“TOU”) is entered into by and between Hell Yes Coaching LLC and the undersigned (“Client” or “You”) (collectively, the “Parties”).
Please read these TOU carefully. You must agree to these TOU before You are permitted to use any Hell Yes Coaching LLC digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums operated by Hell Yes Coaching LLC (for any purpose), whether on a website hosted by Hell Yes Coaching LLC or a third-party website such as an online course platform, Slack.com or facebook.com, for Hell Yes Coaching LLC’s Thirty More Mastermind, The Circle, and/or Hell Yes Live Event (collectively “the Program”).
If You do not agree with these TOU, You may not use the Program.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Hell Yes Coaching LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Becca Pike.
1. As part of the six-month Thirty More Mastermind, You will receive:
- All Program materials, including pre-recorded videos, audio, worksheets, and assignments;
- Weekly live group coaching calls;
- An in-person live, three (3) day mastermind kick off
- Access to a private community held via Facebook
2. As part of the annual The Circle, You will receive one 12 month membership access to:
- All on-demand trainings and teachings in one place, which includes pre-recorded videos and bonus content;
- New monthly content based on Hell Yes Coaching LLC discretion
- Private Facebook community;
3. As part of the three (3) day live event, Hell Yes Live Event, You will receive:
- One (1) admission to the live coaching event with Hell Yes Coaching.
- Day 1: Exclusive welcome reception (dinner and cocktails included)
- Days 2 and 3: live coaching with Becca.
The Company reserves the right to offer additional Program elements from time to time, for any subgroup of participants. These additional Program elements are a bonus and are not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional Program elements is at the sole discretion of the Company.
If You wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
To participate in the Thirty More Mastermind, You must meet the following requirements: (1) You must be an entrepreneur and (2) Your business must have made, at minimum, $50,000 within the last twelve months.
There are currently no requirements to participate in The Circle.
This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
Program Application Process and Application Fees
1. Thirty More Mastermind
In order to participate in the Program, You must complete and submit an application, along with a $1,000 application fee (“Application Fee”). The application will be reviewed by the Company. If the Company finds Your application to be satisfactory, the Company will provide You with notice of acceptance via the email address You’ve provided in your application, along with directions for payment of the Program fees, further detailed in Paragraph 4 of these TOU. If You fail to pay the required Program fee(s) within the time detailed in Paragraph 4, Your acceptance into the Program will be revoked and You will have the opportunity to reapply for acceptance into the Program when advertised.
In the event You are not accepted into the Program, You will be entitled to a refund of Your Application Fee ($1,000), further detailed in Paragraph 5 of these TOU.
2. The Circle
There is currently no application process for this Program. However, Company has sole right and authority to implement an application process and fee for this Program at any time.
3. Hell Yes Live Event
There is currently no application process for this Program. However, Company has sole right and authority to implement an application process and fee for this Program at any time.
After receiving notice of your acceptance into the Program, You agree to the following fees and payment schedule:
- Thirty More Mastermind Pay in Full: You understand that the total cost of the Program is $25,000. Upon notice of acceptance into the Program. You agree to pay a one-time payment, in full, of $24,000 ($24,000 less the $1,000 Application Fee).
- Thirty More Mastermind Payment Plan (if offered): You agree to pay 5 payments. First payment of $4000 (includes $1000 deposit), and then 4 monthly payments each totalling a payment of $5,000.
- The Circle Pay in Full: You agree to pay a one-time, immediate payment of $7,000.
- The Circle Program Payment Plan: You agree to pay 12 equal payments of $650.00 each totaling a payment of $7,800.
- Hell Yes Live Pay in Full: You agree to pay a one-time, immediate payment of $3,500.
Company, in its sole right and discretion, may offer participants payment plan options. However, payment plan requests are considered on a case-by-case basis and are not guaranteed.
If paying by debit card or credit card, You give us permission to automatically charge Your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which You will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received when due, the Company reserves the right to terminate Your access to the Program and all Content immediately and permanently.
If You fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, You will remain fully responsible for the full cost of the Program and all payments in any payment plan You have chosen, subject to Paragraphs 3, 4, and 13 of these TOU. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
- Application Fee Refunds: In the event You are not accepted into the Program (Thirty More Mastermind), Company will issue You a full refund of Your Application Fee ($1,000). 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.
- Thirty More Mastermind: Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program we have 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 at any time. By using and/or purchasing our Program, You understand and agree that all sales are final and no refunds will be provided.
- The Circle: Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program we have 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 at any time. By using and/or purchasing our Program, You understand and agree that all sales are final and no refunds will be provided.
- Hell Yes Live Event: Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program we have 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 at any time. By using and/or purchasing our Program, You understand and agree that all sales are final and no refunds will be provided.
In all other cases, because of the extensive time, effort, preparation, and care that goes into creating and providing the Thirty More Mastermind, the The Circle, and Hell Yes Live Event, 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, unless, Company, in its sole right and absolute discretion, offers You a refund. By using and/or purchasing our Program, You understand and agree that, except for the limited refund period described above, all sales are final, and no refunds will be provided.
All licenses regarding the Content (defined below) provided under these TOU will immediately terminate upon the Company’s granting of a refund. You shall immediately cease using the Content and shall destroy all copies of the information provided to You, including without limitation: video recordings, audio recordings, forms, template documents, worksheets, slide shows, membership areas, social media groups limited to Program participants and other resources.
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 participant 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.
The Company may offer additional program elements for a subgroup of participants, as further discussed in paragraph 11 of these TOU. The Company reserves the right, in its sole discretion, to offer participant participation in these additional program elements to specific participants. If a participant is denied participation in these additional program elements, no grounds for a participant to receive a refund would be created and any request for a refund on this basis will be denied.
Since we have a clear and explicit Refund Policy in these TOU 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.
Guest Coaches and Coach Substitutes
The Company may have guest or substitute coaches participate and coach in the Program from time to time. Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of their choosing to be a guest or substitute Program coach, without providing advanced notice nor needing advanced consent from any participant(s).
If a participant disagrees with or fails to consider Company’s guest coach or coach substitute as qualified, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.
Procedures for Program Coach Call Sessions
Program group coach calls will last approximately 60 minutes and will take place by video conference. A Program coach will initiate the call. Zoom will be used. Where possible, Program Coach call sessions will take place at a set time and day, however, sessions can be adjusted by Company as necessary.
Intellectual Property Rights
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to You by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
- The Company’s Limited License to You
If You view, purchase or access any Program or any of the Content, You will be considered our Licensee. For the avoidance of doubt, You are granted a revocable, non-transferable license for personal, non-commercial use only, limited to You only.
This means You may view, download, print, email and use one copy of individual pages of the Program and Content for Your own personal purposes or Your own business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns You or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use You in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must receive our written permission before using any of the Program or Content for Your own commercial use or before sharing with others.
The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these TOU or any express written license, are reserved by us.
- The Circle: 12 months access to Content and materials in Program
You are granted twelve months of access to the Program materials and Content within The Circle, for the life of the Program only.
This means You will have access to any Program materials found within The Circle, provided Your account is in good standing, for as long as the Company continues to host and provide access to the Content You have purchased.
Please note that Company, in its sole right and discretion, may temporarily suspend or terminate Your 12 month access in the Program at any time, without providing notice to You, if in Company’s discretion You have violated these TOU in any way.
Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of Your Unauthorized Use, or a minimum of $5,000, whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
- Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, You are representing to us that You are the owner of all such materials and You are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display Your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from You or compensation by us to You.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain You, Your voice and/or Your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by You to the Company or created by the Company in connection with Your participation in any Program, without compensation to You at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use Your likeness and identify You as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by You or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from You and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means You give the Company permission to use anything You submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during Your participation in the Program, including images in which Your face is visible and recognizable.
- Request for Permission to Use the Content
If You wish to use any of the Content, or any other intellectual property or property belonging to the Company, You should request permission in writing BEFORE You use the Content by sending an e-mail to [email protected].
If You are granted permission by the Company, You agree to use the specific Content that the Company allows and only in the ways for which the Company has given You its written permission. If You choose to use the Content in ways that the Company does not specifically give You written permission, You agree now that You will be treated as if You had copied, duplicated and/or stolen such Content from us, and You consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
The coaching relationship is co-creative, meaning that the coaches and You are equal partners in the coaching process.
Your Coaches’ Responsibilities
- Your coaches are trained to use communication skills and coaching tools to support You as an equal partner throughout the coaching process.
- Your coaches will provide individual guidance to group participants based on information provided to the coaches.
- Your coaches will answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, live event, private message or live group coaching call.
- You agree that You are solely responsible for creating and implementing Your own physical, mental, and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and Your coaching calls and interactions with Your coach. As such, You agree that Company is not and will not be held liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Company.
- You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets and assignments, and attending coaching sessions.
- You agree that Your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.
- You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and You agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
- You acknowledge and agree that the coaching in the Program is a comprehensive process that may involve different areas of Your life, including but not limited to, work, finances, health, relationships, education and recreation. You agree that deciding how to handle these issues, incorporate Program coaching principles into those areas and implementing choices is exclusively Your responsibility.
- You agree that in order to enhance Your coaching relationship during Your participation in the Program, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Program.
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means You agree not to form any subgroups, “cliques” or support groups, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree You will not invite Program participants to participate in events, such as a meetup, or seminar, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as coaching services, or other products or services to Program participants, unless You are authorized or requested to do so by the Company.
Please choose carefully the materials that You upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material You post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for Your material and for any liability that may result from the material You post. You participate, comment, and post material at Your own risk. Any communication by You on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to other participants
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Sharing private and proprietary information from other participants with anyone else
- Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
If, in the Company’s sole discretion, Your conduct violates these TOU in any way, You agree that the Company may immediately and permanently terminate Your participation in the Program and Your access to the Content without refund.
The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants.
The Company’s community guidelines are as follows:
- The Company’s Program promotes diversity amongst its participants. Therefore, the Company encourages all participants to connect with one another and to learn about one another’s background, interests, hobbies and points of view. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
- The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Program. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
- The Company has created a safe space for all participants to feel seen, respected and heard. Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each participant must demonstrate respect towards one another.
- Support each participant with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
- The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base participation of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.
We may also post separate rules regarding Your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that You are bound by those rules and they are expressly incorporated into these TOU.
Company is not legally bound to keep Your information confidential. Nevertheless, the Company agrees to keep all information about the coaching relationship confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if You threaten to harm Yourself or others. You acknowledge that Your communications with Your coach are not covered by any doctor-patient privilege or other privilege.
Confidential information does not include information that:
- was in the Company’s possession prior to Your participation in the Program;
- is generally known to the public or in your circle of friends and family and co-workers; or
- the Company may be required by law to disclose.
You may use a screen name or pseudonym instead of Your actual name for Your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You agree that the Company shall not be liable for the disclosure of any of Your information by another Program participant. You agree to keep all information You learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record coaching calls and share them in the Program, on the Company’s website, or on third-party forums operated by the Company.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers You have done so, this will be grounds for immediate termination of Your access to the Program and Content.
Termination or Cancellation
The Company reserves the right in its sole discretion to refuse or terminate Your access to the Program and Content, in full or in part, at any time without notice nor without a refund The Company may terminate your participation in the Program at any time, without refund, if You breach any part of these TOU. In the event of cancellation or termination, You are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on You in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by You or the Company.
If You would like to cancel Your access and participation in the Program, You must provide the Company with written notice (including e-mail). Your access to the materials and Content of the Program will be immediately terminated upon Your notice of cancellation. You will not be issued a refund for any payments already made, nor for any remaining days or months of the Program after Your cancellation.
In the event You decide to cancel, any default, or late payments will be due immediately.
Diversity, Equity, and Inclusion
The Company is committed to social justice, including LGBTQ rights, women’s rights, and civil rights and provides services for individuals from a diverse array of races, ethnicities, national origins, sexual orientations, ages, religions, genders, educations, abilities, and other identities.
The Company does not tolerate or support discriminatory speech, hate speech, comments or actions against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels, or any physical, mental, or emotional abuse.
The Company reserves the right to terminate these TOU and Your participation and access to the Program, without refund, if participant, or participant’s employees, representatives, agents, founders, members, owners, managers, directors, or officers, engages in, encourages demonstrates or communicates statements, language, or actions that support race, gender, ethnicity, or disability inequality, discrimination, hate speech, or disrespect towards any individuals on the Company’s team, or that are in underrepresented or under-represented or marginalized groups.
Personal Responsibility, Assumption of Risk, Release, Disclaimers
- You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to You or Your property that might result, whether arising out of the negligence of Releasees or otherwise.
- The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by Your own accountant, lawyer, financial advisor, or medical professional. You are responsible for Your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if You have specific questions about Your own unique situation. The Company disclaims any liability for Your reliance on any opinions or advice contained in the Program.
- You agree that You will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If You are in therapy or under the care of a mental health professional, You will notify and consult with the mental health care provider regarding Your decision whether to work with a coach.
- You acknowledge that, by engaging with the Company for the Program, You voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to You, Your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with Your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, You agree to limit any damages claimed to the total paid to the Company for the Program.
Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results You may receive as a result of Your participation in the Program. The Company cannot and does not guarantee that You will achieve any particular result or earnings from Your use of the Program, and You understand that results and earnings differ for each individual.
- Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is Your responsibility to fully research such third parties before entering into any transaction or relationship with them.
- The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that Your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
- THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between You and the Company may be unlawfully intercepted by third parties
not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts You undertake to communicate with Company are done at Your own risk.
Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Users Outside United States
The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) Your use of the Program or Content in violation of these TOU, (ii) any breach by You of these TOU or any representation and warranty made by You herein, (iii) any comment, post, or material You submit to the Company’s website or any third-party forum or website operated by the Company, (iv) Your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by You of applicable law or any agreement or terms with a third party to which You are subject.
The Company shall not be deemed in breach of this Agreement if the Company is unable to complete all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this Agreement.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This is the entire agreement of the Parties, and reflects a complete understanding of the Parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
Company may change, modify, or update these TOU at any time without Your consent nor advance notice. Any access or use of the Company or Content by You after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If You have any questions or concerns about these Terms, contact [email protected].
I have read the above agreement and fully understand and accept the conditions as above.