Terms & Conditions of Use
Last Updated January 1, 2023
By visiting http://www.logicguaranteed.com and its related subdomains (the “Website”), you are consenting to our Terms & Conditions of Use. Logic Guaranteed welcomes visitors (Visitors”) and registered users (“Registered Users”) (when both are referred to: “Visitors and Registered Users,” “you,” or “your”).
Anyone who registers, signs up, retains our services, enrolls with us, or purchases our products or services (i.e., “Registered User,” “Registered Users”) is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase (e.g., the Client Service Agreement) with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.
THE SECTIONS BELOW TITLED “DISCLAIMER OF WARRANTIES,” “LIMITATION AND DISCLAIMER OF LIABILITY,” “RELEASE OF LIABILITY,” “INDEMNITY,” “ADDITIONAL LANGUAGE ON DISCLAIMERS, RELEASES OF LIABILITY, AND ASSUMPTIONS OF RISK; NON-COACHING RELATIONSHIP; YOUR ADDITIONAL REPRESENTATIONS,” “OTHER REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION,” “BINDING ARBITRATION,” “CLASS ACTION WAIVER,” AND “EQUITABLE RELIEF” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
You agree that these Terms and Conditions of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of some or all of the Website and data, materials and information available at or through some or all of the Website.
Description and Use of Our Website
We provide Visitors and Registered Users with access to the Products and Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can view all publicly-available content on the Website.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) Sign up for our training, consulting, and coaching services; (ii) access exclusive content available only to Registered Users; and (iii) sign up for alerts, emails, and other notifications.
We are under no obligation to accept any individual as a Registered User and may accept or reject any registration in our sole and complete discretion. In addition, we may deactivate any account at any time in our sole and complete discretion, including, without limitation, if we determine that a Registered User has violated these Terms and Conditions of Use.
By accessing and/or using the Website, you agree to the following:
You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose.
You will not spam or use the Website to engage in any commercial activities.
You will not access or use the Website to collect any market research for a competing business.
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means.
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website.
You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials.
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
You will not frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us.
You will let us know about inappropriate content of which you become aware. If you find something that violates these Terms and Conditions of Use, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice.
No Use By Minors
The Website is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Website, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Website.
Sign-in Name; Password; Unique Identifiers
During the initial registration process and any for Registered Users, we may ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others, especially if they are using your credentials to access our proprietary Content (as defined below) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
Fees and Payment
As consideration for any purchase of products or services you make on the Website or with us in any other manner, you shall pay us all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, security code, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Check with your bank and credit card issuer for details.
The Website and our training, consulting, and coaching service materials (e.g., videos, photographs, images, audio recordings, and text) contain intellectual property (whether patentable, trademarkable, copyrightable, or not), which may include, but is not limited to the following types, categories, and materials: videos, coursework, lesson plans, workbooks, exercises and assignments, training modules, photographs, software, text, graphics, images, sound recordings, copyrights, proprietary information, techniques, literary property, works of art, trademarks, trade dress, concepts, ideas, designs, discoveries, processes, training methods and curriculum, and other tangible and intangible intellectual property presented and provided by or on behalf of us (collectively referred to as the “Content”). All the Content is owned or licensed by us and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws, and may make you subject to legal action.
Visitors and Registered Users may view all publicly-available Content for their own personal, non-commercial use. Registered Users who purchase one of our coaching services, may also view, for the term of the coaching service, any Content included or provided with the service, for their own personal, non-commercial use. Registered Users who sign up to receive our free Content may view (and only if instructed to do so in writing by us, may download) that free Content for their own personal, non-commercial use. Other than as expressly set forth in the immediately three prior sentences, you have no other rights in or to the Content and you agree to not use the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. We retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, teach, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, share any login credentials needed to access the Content, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited. You also may not sell, teach, transfer, assign, license, sublicense, reproduce, modify, display, perform, make a derivative version of, distribute, or otherwise use any work you create, including intellectual property, through your use of this Content (e.g., anything you create in response to or that derives or originates from the exercises and assignments that are part of this Content) for any public or commercial purpose.
If you violate any part of this Intellectual Property section, your permission to access and use the Content and the Website automatically terminates without refund and you must immediately destroy any copies you have made of the Content and of any work you created in response to or that derives or originates from the exercises and assignments that are part of this Content.
Our trademarks, service marks, and logos used and displayed on the Website and in our Content are registered and unregistered trademarks or service marks of or licensed to Logic Guaranteed. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Logic Guaranteed Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of our Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Registered User Content; Licenses
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Logic Guaranteed that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content) and that it does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
Communications with Us
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
READ THE FOLLOWING FIVE SECTIONS CAREFULLY.
THESE SECTIONS AFFECT YOUR LEGAL RIGHTS.
YOU UNDERSTANDS AND AGREE THAT THESE SECTIONS (ALONG WITH OTHER PARTS OF THIS AGREEMENT) SHALL PREVENT YOU FROM SEEKING ANY DAMAGES OR OTHER RELIEF IN A COURT OF LAW OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT PRIOR TO ENTERING INTO THIS AGREEMENT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL AND THAT YOU HAVE OBTAINED SUCH INDEPENDENT LEGAL COUNSEL ADVICE OR EXPRESSLY CHOSEN NOT TO SEEK SUCH ADVICE.
Disclaimer of Warranties
YOUR USE OF THE WEBSITES AND ANY COMMUNICATIONS WITH US IS AT YOUR OWN RISK WHICH YOU ASSUME. THE WEBSITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE WEBSITES, AND ALL COMMUNICATIONS BY US, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND ANY OF OUR SUBSIDIARIES OR AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE WEBSITES OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES IN THIS AGREEMENT TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation and Disclaimer of Liability
WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, OUR SERVICES, OUR OFFERINGS, THE WEBSITES OR ANY OTHER WEBSITE, THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE, OR ANY OTHER MATERIAL, CONTENT, OR INFORMATION PROVIDED BY US, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT US OR ANY OF OUR DIRECTORS, OFFICERS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES, VOLUNTEERS, OR REPRESENTATIVES) ASSUME THE ENTIRE COST OF ANY SUCH LOSS OR DAMAGE ARISING FROM SUCH USE OR INABILITY TO USE.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, OFFICERS, MANAGERS, MEMBERS, REPRESENTATIVES, VOLUNTEERS, EMPLOYEES, AND OUR AGENTS BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, PANDEMIC, ACTS OF TERROR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, LOSS OF INTERNET CONNECTIVITY, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, MEDICAL EMERGENCIES, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR OUR DIRECTORS, OFFICERS, MANAGERS, MEMBERS, REPRESENTATIVES, VOLUNTEERS, EMPLOYEES, AND OUR AGENTS IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS AND CONDITIONS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Release of Liability
You voluntarily release us, our directors, officers, managers, members, representatives, volunteers, employees, and our agents (and our parent companies, affiliates and subsidiaries, and their respective officers, directors, and agents) from any and all liabilities, demands, costs, expenses, damages, and claims, and you waive any and all claims, including, but not limited to ordinary negligence, both present and future, and any and all damages, including, but not limited to, direct, indirect, actual and consequential of every kind and nature, known and unknown, or special damages that may be made by you, your family, estate, executors, administrators, heirs, or assigns against us and our officers, directors, managers, members, representatives, volunteers, employees, and agents.
You agree that we and our officers, directors, managers, members, representatives, volunteers, employees, and agents are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services or communications provided by us or our officers, directors, managers, members, representatives, volunteers, employees, and agents, or for any direct or indirect result of your use of the information in the Website (and any related groups and pages), your use of any other content, material, resources, and information provided by us, or your use of our content, services, resources, and materials, or other content, services, resources, and materials you becomes aware of, use, or access through or as a result of us.
If you have a dispute with one or more Registered Users or other third parties (including merchants), you release us, our directors, officers, managers, member, employees, volunteers, representatives, and agents (and our parent companies, affiliates and subsidiaries, and their respective officers, directors, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes).
This agreement and complete release and waiver of liability shall bind you, your family, heirs, executors, personal representatives, successors, assigns, and agents.
IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) TO THE EXTENT PERMITTED BY APPLICABLE LAW THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
You agree to defend, indemnify, and hold us and our officers, directors, managers, members, representatives, volunteers, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Website; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests assisting our defense of such matters.
Additional Language on Disclaimers, Releases Of Liability, and Assumptions of Risk; Non-Coaching Relationship; Your Additional Representations
All information provided on our Website (and any of our related groups and pages) and during any of our communications with you (hereinafter called “Information” within this section) is for educational and entertainment purposes only. The Information is not intended and should not be used or relied upon as a substitute for professional advice, including but not limited to, legal, medical, mental health, or financial, or life coaching advice. Accordingly, before taking any actions based upon any Information, we encourage you to consult with the appropriate professionals.
All Information is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any Information. Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of or reliance on any Information. The use of and reliance on the Information is solely at your own risk.
You understand and agree that none of the Information involves the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that the Information should not be used as a substitute for counseling, psychotherapy, mental health care, substance abuse treatment, suicide prevention, or other professional advice.
You understand and agree that we do not provide any kind of mental health, medical, legal, accounting, financial, psychological, or other professional services and advice, and that it is your exclusive responsibility to seek such independent professional guidance as needed.
You understand and agree that you are solely responsible for any and all decisions, choices, behaviors, actions, and inactions you take.
You understand and agree that you are solely responsible for the results, direct or indirect, arising out of or resulting from your use of the Information and your interactions with us and our officers, directors, managers, members, representatives, employees, volunteers, and agents.
You understand and agree that the results you obtain, if any, through your use of the Information or your interactions with our officers, directors, managers, members, representatives, employees, volunteers, and agents are greatly dependent upon your personal choices, decisions, resources, time investments, efforts, and other internal and external factors outside of our control.
You understand and agree that the Information does not contain any coaching or advice. You also understand and agree that using the Information or participating in a free call or other free communication with us, does not create a coaching relationship between you and us.
By using the Information and scheduling a free conversation with us, you represent that you are ready, willing, and able to receive the Information.
You understand and agree that the Information and any of our communications with you are provided “as is,” without guarantees, representations, or warranties of any kind, either expressed or implied, and that there are no promised outcomes or guaranteed results from your use of the Information or from our communications with you.
Your use of the Website and your use or reliance on any Information or communication with us is solely at your own risk. You assume all risks from using the Website and the Information and from communicating with us, including, but not limited to, experiencing challenging and uncomfortable memories, emotions, and thoughts, undergoing significant changes in your personal identity and relationships, and incurring financial damages or losses.
You understand and agree that the use of technology is not always secure and accept that your sensitive and private information and communications may be accessed, copied, used, transmitted, or disclosed by third parties through our or your use of email, text, phone, video conferencing services, computer, web, or software programs and applications, and any other technology.
You understand and agree that we, and our officers, directors, managers, members, representatives, volunteers, employees, and agents are not responsible for any disclosures of your sensitive and private information and communications, including, but not limited to, disclosures that may occur through or as a result of an accident or oversight, any third party actions, hacking, deception, theft, burglary, invasion of privacy, or any criminal, unforeseen, or random occurrence.
You understand and agree that you may not audio or video record any conversations with us, and that you are solely responsible for checking and ensuring that whatever equipment you use to communicate with us are reasonably and adequately secure.
You agree to show up on time to any scheduled calls with us and understand and agree that we may cancel at any time and are not required to reschedule any calls. You also agree that you are solely responsible for the availability and quality of your internet connection and phone line. We are not responsible for any issues, delays, or cancellations that are a result of your equipment, software, internet connection, or phone line not working properly.
We may, in our sole discretion, disclose any of your reviews or testimonials related to us or our services, at any time. In that event, we will refrain from using any of your identifying information if you ask us, in writing, not to do so.
External Sites Disclaimer
The Website may contain links to third-party websites or you may be sent through the Website to other websites or content belonging to or originating from third parties (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the Website or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
Other Representations; Warranties; and Indemnification
If you are a Registered User, you hereby represent, warrant, and covenant that:
(a) You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder; Use of your Registered User status in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.
(b) You agree to defend, indemnify, and hold us and our officers, directors, managers, members, representatives, volunteers, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Website; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests assisting our defense of such matters.
Compliance with Applicable Laws
The Website is based in the United States. We make no claims concerning whether the Content may be viewed or is appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right, in our sole discretion, to remove you from any of our groups or pages (paid or unpaid) at any time, for any reason, without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “Disclaimer of Warranties,” “Limitation and Disclaimer of Liability,” “Release of Liability,” “Indemnity,” “Additional Language on Disclaimers, Releases Of Liability, and Assumptions of Risk; Non-Coaching Relationship; Your Additional Representations,” “No Confidentiality,” “External Sites,” “Other Representations; Warranties; and Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”
Digital Millennium Copyright Act
We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement and any action related thereto will be governed by the laws of the State of Florida, USA without regard to its conflict of laws provisions.
In the event of a dispute arising under or relating to this Agreement, the coaching services, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the United States Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party.
IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT WE MAY BRING OUR CLAIM IN OUR LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules http://www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States, State of Florida, in any county of our choosing. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Florida, in any county of our choosing, of any such action by us or any of its intellectual property licensors.
The Website may contain user testimonials of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences.
The testimonials on the Website are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease, or medical or mental condition. No testimonials have been clinically proven or evaluated.
The Use of Testimonials And Disclaimer
The testimonials on the Website are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They may be edited for the correction of grammar or typing errors, for the sake of brevity, to provide clarity, to comply with the wishes of the person providing the testimonial, to protect personal information, to leave out extraneous information, for presentation purposes, and for any other lawful purpose that we deem appropriate in our sole discretion.
The views and opinions contained in the testimonials belong solely to the individual user and do not necessarily reflect our views and opinions. The testimonials, statements, and opinions presented on the Website are applicable to the individuals depicted. They may not, in any or all instances, be typical or representative of all users. The exact results and experience will be unique for each user.
Guest Contributor Disclaimer
This Site may include content from guest contributors and any views or opinions expressed in such posts are personal to the guest contributors and do not represent our views or opinions, or the views and opinions of our directors, officers, managers, members, employees, representatives, volunteers, agents, and affiliates, unless explicitly stated.
Logos and Trademarks Disclaimer
All logos and trademarks of third parties referenced on the Website are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement or sponsorship of us by such owners.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import.
This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
This Agreement shall not be construed against any party by reason of the drafting or preparation of it.
You may contact our Customer Service Team by sending an email to firstname.lastname@example.org. You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind, other than whatever is required by law. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.