Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOUs before you are permitted to use any digital or downloadable resources, membership, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums such as Slack or Facebook groups operated by Strasburg Coaching (for any purpose), whether on a website hosted by Strasburg Coaching or a third-party website such as an online course platform or facebook.com (collectively “the Program”).
If you do not agree with these TOUs, you may not use the Program.
As used in these TOUs, the term “Releasees” is defined to include the following: (i) Strasburg Coaching, 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) Madeleine Strasburg.
1. Participants
You will receive the services outlined on the web page where you register.
If you wish to participate in another session of the Program in the future or purchase any other event tickets, products, programs, or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
If you cancel and then decide to join the Program again at a later time, you will be charged at the current rate, regardless of any special offers or discounts you received in the past.
This Program is intended and only suitable for individuals aged 18 and above. Some of its content may not be appropriate for children. The company hereby disclaims all liability for use by individuals under the age of 18.
2. Payment
You agree to the fees and payment schedule selected at checkout.
3. USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses, and you shall not offer any competing products or services based upon any information contained in the Courses.
CANCELLATION / REFUND POLICIES
We want you to be satisfied with your purchase, but we also want you to put your best effort into applying all of the strategies in the program(s). You must also demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit the work outlined below for the program for which you are requesting a cancellation/refund.
A. CFM ACADEMY 6-Month PROGRAM and CFM ACADEMY 6-Month Program VIP:
The Company provides a 14-day money-back guarantee for the Program. The following terms govern that money-back guarantee. In order to qualify for a refund, you must submit proof that you did the work in the course and that it did not work for you. In the event that you decide your purchase was not the right decision, contact our support team at [email protected] and let us know you’d like a refund within 14 days after the date you purchased the program (“Refund Period”). You must include your coursework with your request for a refund, as outlined below. If you request a refund and do not include your coursework by the end of the Refund Period, you will not be granted a refund.
You must submit ALL of the following items with your request for a refund:
Requirement 1: Tell us why this course was not a good fit for you and your financial goals. What did you expect that you did not get once inside the program? Requirement 2: Complete and attach the work completed for at least two full Challenges ( worksheets with the work) Requirement 3: Attach screenshots of two actual social media posts (must show the publish date within the Refund Period) where you interacted with Facebook CFM Community members.
We will NOT provide refunds for any request made more than 14 days after your purchase date. After the Refund Period, all payments are non-refundable, and you are responsible for full payment of the program fees regardless of whether you complete the program.
Please note: If you opted for a payment plan and do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund under this policy, the Company will promptly instruct its payment processor to issue the refund. However, The Company does not control its payment processor and cannot expedite any refunds.
If you receive a refund for any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted to you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and destroy all copies of the information provided to you, including, without limitation, video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by Strasburg Coaching, LLC. To further clarify, we will not provide refunds for requests made after the Refund Period, and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
B. MENTORIA FINANCEIRA PROGRAMA PERSONALIZADO / ONE-ON-ONE INDIVIDUAL COACHING PROGRAM
Ao adquirir o Programa de 12 sessões, você concorda em pagar $239 integralmente antes de agendar a primeira sessão paga. Você pode usar suas doze (12) sessões dentro de um ano a partir da data de compra.
A Empresa oferece uma garantia de devolução do dinheiro em até 14 dias a partir da data de compra do programa. Para ter direito a um reembolso, você deve apresentar provas de que realizou as tarefas discutidas e atribuídas nas sessões e que elas não funcionaram para você (fichas de trabalho, comparecimento às sessões de coaching, criação de um orçamento, listagem das dívidas, etc.). Caso decida que sua compra não foi a decisão correta, entre em contato com nossa equipe de suporte em [email protected] e informe que deseja um reembolso dentro de 14 dias após a data de compra do programa ("Período de Reembolso"). Você deve incluir seus trabalhos realizados com sua solicitação de reembolso, conforme descrito abaixo. Se você solicitar um reembolso e não incluir seus trabalhos até o final do Período de Reembolso, não será concedido um reembolso.
Você deve enviar TODOS os seguintes itens com sua solicitação de reembolso:
Requisito 1: Diga-nos por que as sessões não foram adequadas para você e seus objetivos financeiros. O que você esperava que não recebeu quando começou a ter sessões de coaching individuais? Requisito 2: Complete e anexe os trabalhos realizados para pelo menos duas sessões de coaching. (Definição de metas, Visão Financeira, Um Orçamento Base Zero, 7 Modelos Intencionais / Não intencionais)
NÃO forneceremos reembolsos para qualquer solicitação feita mais de 14 dias após a data da sua compra. Após o Período de Reembolso, todos os pagamentos são não reembolsáveis, e você é responsável pelo pagamento integral das taxas do programa, independentemente de concluir o programa ou não.
Observe: Se você optou por um plano de pagamento e não solicitar um reembolso dentro do Período de Reembolso, com os trabalhos exigidos no momento de sua solicitação de reembolso, você é obrigado por lei a completar os pagamentos restantes do seu plano de pagamento.
Ao determinar que você tem direito a um reembolso de acordo com esta política, a Empresa instruirá prontamente seu processador de pagamentos a emitir o reembolso. No entanto, a Empresa não controla seu processador de pagamentos e não será capaz de acelerar nenhum reembolso.
ENGLISH
Upon purchasing the 12-session Program, you agree to pay $239 in full before scheduling the initial paid session. You may use your twelve (12) sessions within one year from the purchase date.
The Company provides a 14-day money-back guarantee from the program's purchase date. To qualify for a refund, you must submit proof that you did the work discussed and assigned in the sessions and that it did not work for you ( worksheets, showing up to coaching sessions, creating a budget, listing the debt, etc.). In the event that you decide your purchase was not the right decision, contact our support team at [email protected] and let us know you’d like a refund within 14 days after the date you purchased the program (“Refund Period”). You must include your coursework with your request for a refund, as outlined below. You will not be granted a refund if you request a refund and do not include your coursework by the end of the Refund Period.
You must submit ALL of the following items with your request for a refund:
Requirement 1: Tell us why the sessions did not fit you and your financial goals. What did you expect that you did not get once you started getting individual coaching sessions? Requirement 2: Complete and attach the work completed for at least two coaching sessions. ( Goal setting, Financial Snapshot, a Zero Based Budget, 7 Unitenntional / Intentional Models )
We will NOT provide refunds for any request made more than 14 days after your purchase date. After the Refund Period, all payments are non-refundable, and you are responsible for full payment of the program fees regardless of whether you complete the program.
Please note: If you opted for a payment plan and do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund according to this policy, the Company will promptly instruct its payment processor to issue the refund. However, The Company does not control its payment processor and will be unable to expedite any refunds.
If you receive a refund for any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted to you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and destroy all copies of the information provided to you, including, without limitation, video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by Strasburg Coaching, LLC. To further clarify, we will not provide refunds for requests made after the Refund Period, and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Since we have a clear and explicit refund policy in these TOU that you agreed to before 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. Suppose a chargeback is placed on a purchase, or we receive a chargeback threat during or after your purchase. In that case, 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.
4. Intellectual Property Rights
a. Access to CFM Academy Program Content Upon enrolling in the CFM Academy Membership, you will gain access to ALL content and you are granted lifetime access to the CFM Academy Program materials and Content, for the life of the CFM Academy program only. The company makes no guarantee that it will maintain recordings of coaching calls or other Content for any particular time period.
This means you will have access to any resources and materials found within the CFM Academy program, 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 lifetime 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.
If you receive a refund under the CFM Academy guarantee, your lifetime access will be terminated.
b. Ownership of the Content 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 are 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. It is protected by copyright, trademark, and other intellectual property laws.
c. 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. To avoid doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you and those living within your household only.
This means you and those living within your household 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 outside your household 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 Programs or Content for your own commercial use or before sharing with others.
Unless otherwise indicated, the trademarks and logos displayed on the Program or Content are trademarks belonging to the Company. Any use, including framing, metatags, or other text utilizing these trademarks or other trademarks displayed, is strictly prohibited without our written permission.
We reserve all rights not expressly granted in these terms or any express written license.
d. Unauthorized Use 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 damage charge for 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.
e. 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 the Company may make that during any 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, for any reason, 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, 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.
f. 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 emailing [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 the Company has given you its written permission. Suppose you choose to use the Content in ways the Company does not explicitly give you written permission. In that case, you agree now that you will be treated as if you had copied, duplicated, and/or stolen such Content from us. You consent to stop using such Content immediately and to take any actions we may request, using the methods and time frame we prescribe to protect our intellectual property and ownership rights in the Program and Content.
5. Your Conduct
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 or ask Program participants to join or “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, seminar, or athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as essential oils, exercise DVDs, nutritional supplements, coaching services, or other products or services to Program participants unless authorized or requested by the Company.
Please choose carefully the materials you upload to, submit to, or embed on the Company's website and third-party forums. 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 any liability resulting 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 services, must be respectful.
You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene, pornographic, sexually explicit or violent, or otherwise in violation of any law or the rights of others.
You are strictly forbidden from the following:
• Harassing, fighting with, or being disrespectful to other participants
• Impersonating any other person
• 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
• Using any Company website or private membership forum, or third-party forums operated by the Company, to take pictures and/or screenshots of comments, posts, pictures, materials, or any other content posted and/or shared by Company and/ or Participants without receiving their advance permission
• Sharing any private and proprietary information, screenshots, comments, posts, pictures, materials, or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, a private membership or third-party forums operated by Company.
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, at its discretion, may delete or modify, in whole or part, any post, comment, or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. 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.
7. Community Guidelines
The Company has created a safe and judgment-free community for connection, conversation, learning, and growth. Within the 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: A. The Company’s Program promotes diversity among its members. Therefore, the Company encourages all members to connect and learn about one another’s backgrounds, interests, hobbies, and points of view. The Company does not tolerate nor support any member’s discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
B. The Company does its best to create a safe and welcoming space for all members; however, the Company cannot guarantee that all members will follow these guidelines. The company, in its sole discretion, may remove any member’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, the Company shall not be held liable for any member’s comments, actions, posts, content, or materials that result in another member’s trauma or discomfort.
C. The Company has created a safe space for all members to feel seen, respected, and heard. The company encourages members 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 member must demonstrate respect toward one another.
D. Support each member with words of encouragement, resources, or suggestions while respecting each member’s boundaries.
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 TOUs.
8. Confidentiality
The company is not legally bound to keep your information confidential.
Nevertheless, the Company agrees to keep all information about your membership confidential except for use in testimonials or marketing, outlined above, or 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 the Company are not covered by any doctor-patient privilege or other privileges.
You may use a screen name or pseudonym instead of your actual name or remain anonymous 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 another program participant's disclosure of any of your information. You agree to keep all information you learn about other Program participants, their businesses (including their intellectual property), and our 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, for marketing of the Company and/or the Program, or on third-party forums operated by the Company.
You agree that 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.
9. Username and Password
You may need a username and password to access certain features of the Program, including any private membership areas. You are responsible for informing the Company before the Program start date if you do not receive an email containing your password to access the Program. You agree to keep your username and password confidential and to not share it with anyone outside those living within your household. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone outside those living within your household, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
10. Live or In-Person Events
If you participate in any live or in-person event as part of any Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives, or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program. You agree to exhibit appropriate behavior and obey all local, state, and federal civil and criminal laws while participating in the Program. This generally includes respect for others, equipment, facilities, or property. The Company may dismiss you without refund if your behavior endangers the safety of or negatively affects the Program or any person, facility, or property.
You consent to medical care and transportation to obtain treatment in the event of injury as the Company, volunteers, or medical professionals may deem appropriate. These TOUs extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. The Company is not responsible for any personal item or property that is lost, damaged, or stolen at or during any Program.
11. Termination or Cancellation
At its sole discretion, the Company reserves the right to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. 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 by the Company, 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 TOUs concerning the Program and its Content will still apply now and in the future, even after termination by you or the Company.
Once the billing term has expired, you will not be able to log in to the Strasburg Coaching Group. If you cancel in the middle of a payment cycle, you will not be issued a prorated refund for any remaining days or months.
In the event you decide to cancel, any remaining, default, or late payments will be due immediately.
12. Personal Responsibility, Assumption of Risk, Release, Disclaimers
g. 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.
h. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions are taken by Releasees. You are fully aware of the risks and hazards inherent in participating in the Program and voluntarily, knowingly, and freely assume all risks associated with participating in the Program, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis, and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns.
i. Your participation in the Program does not establish a business advisor-client relationship of any kind between you, the Company, or anyone providing services on behalf of the Company.
j. You represent and warrant to Releasees that you are able to safely participate in the Program and have no medical condition that would make your participation in the Program more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate or that you have decided to participate in the Program without a physician's approval.
k. Your participation in the Program does not establish any doctor-patient, attorney-client, counseling, or accountant-client relationship of any kind between you, the Company, or anyone providing services on behalf of the Company.
l. 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 Programs or Content prevents, cures, or treats any mental or medical condition. The Program and Content are 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 a professional if you have specific questions about your unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
m. You agree that you will not use coaching to diagnose or treat 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 on whether to work with a coach.
n. 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.
o. Earnings and Results Disclaimer: You agree that the 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. You understand that results and earnings differ for each individual.
p. 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 a 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.
q. The Company is not responsible or liable for members of the Program infringing on another other member’s intellectual property, content, or materials.
r. 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. Of course, we will try to limit the frequency and duration of suspension or restriction.
s. 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 ANY PAGES HOSTING CONTENT OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
t. 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.
13. Security
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 the Company are done at your own risk.
14. Legal Disputes
These TOUs shall be governed by and construed in accordance with the laws of the State of Utah without giving effect to its conflict of laws principles. The state and federal court nearest to Provo, Utah, shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts, consent irrevocably to personal jurisdiction in such courts, and waive any defense of forum non-conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOUs, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
15. Users Outside the 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.
16. Indemnification
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.
17. Force Majeure
The Company shall not be deemed in breach of this Agreement if the Company is unable to complete or provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, the 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 the occurrence of any Force Majeure Event, the Company shall notify the Client of its inability to perform or of delay in completing or providing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this Agreement.
18. General Provisions. This Agreement may only be modified by the agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force, and a valid or enforceable provision will replace the invalid or unenforceable provision.
This is the parties' entire agreement and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and asserting that you have read, understood, and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Program or Content.
