Terms and Conditions of Use

AMY LATTA COACHING, LLC

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Amy Latta Coaching LLC digital or downloadable resources, online course, one-on-one or group coaching, class, program, virtual or in-person live event or streaming, online and/or membership portals, workshop, or training, or enter any online private forums operated by Amy Latta Coaching LLC (for any purpose), whether on a website hosted by Amy Latta Coaching LLC or a third-party website such as an online course platform or facebook.com (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) Amy Latta 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) Amy Latta.

  1. The Program

    As part of the Program, you will receive the services outlined on the web page where you register for the Program. Company reserves, in its sole right and discretion, the right to adjust the Program offerings or pricing at any time. Except as otherwise expressly provided for in these TOU, any adjustments to the Program will take effect following notice to you.
    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 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.

  2. Participants
    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any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
    This Program is intended and only suitable for individuals aged 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 18.

  3. Free to Paid Coach and Path to 100K Mastermind Early Enrollment Program Offers/Special Program Offers
    From time to time, the Company may offer participants of the Program(s) promotional pricing, early enrollment, and early access to specific services outline on the Company’s webpage for registration, for a temporary period of time (“Promotional Offer”).
    If you accept the Promotional Offer by taking the required steps (i.e., Submitting a Program application and paying the required fee) then you agree that these TOU will apply to the Promotional Offer unless otherwise detailed on the webpage where the services of the Promotional shall be outlined. Please note that you are subject to any additional terms set out for the Promotional Offer, whether said terms are outlined on the Company’s webpage or otherwise (i.e., email), and those terms shall be incorporated into this Agreement.
    Application details, Fees, refund policy details and the like for the Promotional Offer, will also be detailed and outlined on the Company’s webpage for registering for the specific Program(s) offered for the Promotional Offer.

  4. Payment
    You agree to the following fees and payment schedule that you selected at check out.

    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. 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).

    Other than for Promotional Offers where participants are granted access to the Program(s) immediately upon payment to the Company, or as otherwise stated for any of the Company’s Activities, the agreed upon payment amount is required before you are permitted to participate in any Company Activities. 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 Company Activities at any time or for any reason, you will remain fully responsible for the full cost of the Company Activities and all payments in any payment plan you have chosen. 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.

    a. Free to Paid Coach PAY-IN-FULL: Upon registering for the Program, you agree to pay the payment in full of $1,000. There is no payment plan.

    b. Path to 100K Mastermind PAY-IN-FULL: Upon enrollment for the Program, you may select and to agree to pay the payment in full of $10,000.

    c. Path to 100K Mastermind PAYMENT PLAN: Upon enrollment in the Program, you may select and agree to pay 5 equal monthly payments of $2,000.

    Unless other payment arrangements have been made with Company, 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. 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.

     

  5. Refunds

    a. Refund Policy for Free to Paid Coach: 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.
    b. Refund Policy for The Path to 100K Mastermind
    The Confidence Clause: You will make your $10,000 back, or I will give it back.
    This should be treated as an out for you, because it will only be given back if you have demonstrated 100% effort and shown that the Path to 100K process does not work for you.
    If the process does not work for you, you will need to show: .
    – You miss no more than 4 live group calls.
    – You miss no more than 4 weekly evaluations.
    – You use and implement peer coaching every week.
    – You use the facebook group to get the coaching you need.
    – You are using the 2 1:1 sessions with Amy to get coaching on what’s not working.
    – You follow the Path to 100K process.
    – You ask for coaching when the process is not working for you.
    – You are implementing the coaching you are receiving in peer coaching, group calls, and 1:1 sessions with Amy.
    – You are able to show a clear demonstration that the Path to 100K process does not work. 

    If you are doing all of this and you are getting results from the process. KEEP GOING. Commit to your goal of $10,000, even if the time frame is 6 or 7 or 9 months.

    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 ( i.e., women, minorities, other demographic groups). The Company reserves the right, in its sole discretion, to offer member 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.

  6. Guest Coaches and Coach Substitutes
    The Company may have guest or substitute coaches participate and coach in the Program. 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.

  7. Intellectual Property Rights

    a. 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 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.
    b. 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.  You may also use the Content to create derivative works (your own works based on the Content), so long as credit is given to Company.
    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 only.
    You may create your own works based on the Content, but only to use what you learn in the Program to develop your own original intellectual property. In the event that you create any of your own works based on the Company’s Content or Program, you must credit the Company on all of your works that you create.
    You may not use the Content (includes but is not limited to: Company’s name, logos, trademarks, and service marks), including all concepts, materials and processes presented in the Program to work with clients one-on-one or in groups, whether in-person or virtual / online. This means that you may not use the unaltered, original Content, concepts, materials, and processes presented in the Program.
    You are granted lifetime access to the Program, for the life of the Program only.
    This means you will have access to the Program and Content, provided your account is in good standing, for as long as Amy Latta Coaching LLC continues to host and provide access to the Program and Content you have purchased.
    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 terms or any express written license, are reserved by us.
    c. 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 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.
    d. 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.
    The Company will request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted 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 display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future Site 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 acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our Site or in our Content at any time for any reason.
    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. The Company may request your consent to the Company’s use, display, distribution or other publication of 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.  If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, 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.
    e. Your License to the Company; Coaching Sessions and Scenarios
    Upon acknowledging these TOU, you grant Company and anyone authorized by Company, 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 Program coaching experience, coaching sessions, and coaching calls (including, but not limited to stories you may share, goals that you have accomplished, etc.), in whole or in part, for any purposes, including commercial purposes, advertising or marketing (including, podcasts), and non-commercial purposes, only if Company keeps your identity anonymous and/or uses pseudonyms, and changes details of your coaching call or coaching session, when posting, discussing, or describing your contributions or information that you have provided during Program coaching sessions and coaching calls and you grant Company the right to make it part of the Company’s current or future Site and Content, without any compensation to you. This means that the Company will not use your likeness, nor will the Company identify you as the author and individual depicted in any coaching sessions or coaching calls that Company may use for commercial purposes, non-commercial purposes, and advertising. In all other situations, Company will request your consent to use your likeness, comments, posts, photos, images, videos or other contributions created by you (as furthered detailed in section d of this Paragraph).  You acknowledge that we have the right but not the obligation to use any contributions from you that you provide during coaching calls and coaching sessions of the Program, 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.
    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 sending an e-mail to amy@www.amylatta.com.
    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.

  8. Coach-Client Relationship
    The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.
    a. 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 and will provide you with the opportunity to give and receive peer coaching and peer feedback.
    ◦Your coaches will answer questions during live coaching calls and within the private Facebook group.
    b. Your Responsibilities

    ◦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.

  9. 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, “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 program, 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
    ◦Using any Company website or private membership forum or third-party forums operated by 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, screen shots, 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, private membership or third-party forums operated by Company.
    ◦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, in 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.

  10. Community Guidelines
    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:
    A. 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.
    B. 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.
    C. 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.
    D. Support each participant with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
    E. 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.

  11. Confidentiality
    Company is not legally bound to keep your information confidential.
    Nevertheless, the Company agrees to keep all information about your coaching confidential except for use as outlined in Paragraph 6 of these TOU, 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 your coach are not covered by any doctor-patient privilege or other privilege.
    Confidential information does not include information that:
    (a)was in the Company’s possession prior to your participation in the Program;
    (b) is generally known to the public or in your circle of friends and family and co-workers; or
    (c) the Company may be required by law to disclose. 
    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, for marketing of the Company and/or the Program, 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.

  12. Username and Password
    To access certain features of the Program, including any private membership areas, you may need a username and password. It is your responsibility to inform 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. 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 else, 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.

  13. Live or In-Person Events
    If you participate in any live or in-person event as part of the 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 at all times and to obey all local, state and federal civil and criminal laws while participating in the Program. This includes, generally, respect for other people, 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 in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU 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.
    You agree that you will not consume alcohol prior to any part of the Program that involves physical exercise or activity, or use any medicine or substance that will inhibit your mental or physical ability to safely participate in the Program.
    If you choose to consume alcoholic beverages during any part of the Program, you must do so responsibly and only if you are over the age of twenty-one (21).
    The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Program.

  14. 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. 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 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.

  15. Personal Responsibility, Assumption of Risk, Release, Disclaimers
    a. 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.
    b. 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.
    c. 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.
    d. 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.

    e. 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.
    f. 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.
    g. 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.
    h. 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.
    i. 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.

  16. 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 Company are done at your own risk.

  17. Legal Disputes
    These TOU shall be governed by and construed in accordance with the laws of the State of Missouri without giving effect to its conflict of laws principles. The state and federal court nearest to St. Peters, Missouri 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 and 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 TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

  18. 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.

  19. 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.

  20. Force Majeure
    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.

  21. General Provisions.
    This Agreement may only be modified by 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 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.

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert 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.

Updated on 3/1/22

 

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