Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Synergized Careers digital or downloadable resources, online courses, online portals, one-on-one or group coaching sessions, classes, programs, workshops, or trainings, or enter any online private forums operated by Synergized Careers (for any purpose), whether on a website hosted by Synergized Careers or a third-party website such as an online course platform or social media platform (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) Synergized Careers, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, contractors, agents, coaches, representatives, successors, and assigns (collectively the “Company”); (ii) any Company volunteers; and (iii) Najla Lindsay.
1. The Program
As part of the Synergy - The Growth Experience, a holistic wellness career coaching program, you will receive:
- One (1) weekly individual coaching session for sixteen (16) weeks,
- Access to voice and text messaging support (limited), and
- Access to a tailored career and wellness strategy roadmap.
Details on voice and text messaging support to the Synergy - The Growth Experience program can be found in the Voice and Text Messaging Support section below.
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any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.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 eighteen (18) and above. Some of the content in this Program may not be appropriate for children. The Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
You acknowledge except as otherwise provided for in this TOU, the Company will not compensate you for any practice coaching you perform during the Program. The purpose of this coaching is solely for you to gain practice and feedback on your coaching skills.
You acknowledge that the Company may, at any time and in its sole discretion, modify the name of the Program and any of its current and future offerings.
2. Voice and Test Messaging Support
As part of our holistic wellness career coaching program, clients have access to limited voice and text messaging support. This feature is designed to provide convenient, supplemental guidance between scheduled coaching sessions. Please review the following terms and conditions to understand the boundaries and expectations of this service.
a. Access and Availability
o Voice and text messaging support is available within regular business hours (e.g., Monday to Friday, 9:00 AM to 12:00 PM EST and 1:00 PM– 4:00 PM EST).
o All messages will be responded to within a designated timeframe (e.g., within 24 hours during business days).
o Voice and text messaging support is not intended for real-time conversations or urgent matters.
b. Usage Limits
o Clients may send up to three (3) of text messages or voice messages per week as part of this service.
o Messaging is to be used for brief questions, quick check-ins, and clarifications. For in-depth support, please reserve topics for scheduled coaching sessions.
c. Content Boundaries
o Messaging should be focused on coaching topics directly related to career and wellness goals. It is not intended to address crises or emergencies, as these situations are beyond the scope of coaching services.
o Please be mindful of message length and avoid sensitive personal information. Text messaging is not a secure platform for confidential information.
d. Response Times and Boundaries
o While I am committed to providing timely support, response times may vary based on message volume and time of day. Messages sent outside of business hours will be addressed on the following business day.
o Excessive messaging beyond the specified limits may require scheduling an additional session, as this ensures the coaching experience remains productive and respectful of time boundaries.
e. Termination of Messaging Access
o Messaging access is a privilege provided as part of the coaching program and may be suspended or terminated at any time if it is misused or if it interferes with the effectiveness of the coaching relationship.
By using the voice and text messaging support feature, clients agree to these terms and conditions. This service is meant to provide added support within defined boundaries to ensure productive, respectful, and effective coaching.
The Company reserves the right to revoke your voice and/or text message support access, if, in the Company’s sole discretion, you publicly adopt a position inconsistent with the Company’s coaching principles or violate this TOU in any way.
3. Payment
You agree to the fees and payment schedule selected at checkout.
If you enrolled in a payment plan, your initial payment will be due immediately and recurring monthly payments will be charged to your card on the same calendar day each month.
If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received by the due date, you will have a three (3) day grace period to make the payment, otherwise the Program will not continue and the Company reserves the right to terminate your access to the Program and all Content, as defined below, 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 thirty (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.
4. Refunds
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, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that the Company does not offer refunds for any portion of your payment for any of the Program and no refunds will be provided to you at any time. By using and/or purchasing the Program, you understand and agree that all sales are final, and no refunds will be provided.
The Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. 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 TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these TOU, 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 TOU, the Company may terminate your access and participation in the Program without notice and without refund.
Since the Company has a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Program, the Company does 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 the Company receives a chargeback threat during or after your purchase, the Company reserves 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.
5. 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 to the Content for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Content for your own personal purposes or within your own business only.
You may record private 1:1 coaching sessions for personal reference and your use during the Program. The recordings of private coaching sessions are deemed confidential and proprietary information of the Program and the Company and are considered Content owned by the Company. Participants shall take all reasonable measures to protect the recordings from unauthorized access, use, or disclosure.
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 the 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.
If you have enrolled in the Synergy - The ACE Experience Program, you are granted access to that program for sixteen (16) weeks only. This means you will have access to any materials and content that are offered through the program, provided your account is in good standing, for as long as the Company continues to offer the Synergy - The Growth Experience Program. By enrolling in the Synergy - The Growth Experience program, you agree that your sixteen (16) week access extends to accessing the program itself – you are not receiving lifetime access to any specific piece of content or particular service – and the company can modify or update those items at any time, in its sole discretion.
You must receive the Company’s 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.
You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.
All rights not expressly granted in these terms or any express written license, are reserved by us.
c. Zoom Recording and Otter.ai Transcription
As part of our commitment to providing a high-quality coaching experience, we use Zoom video conferencing and Otter.ai transcription services during coaching sessions. This allows for accurate session notes and convenient playback options, enhancing our work together.
i. Use of Zoom Video Recording
o Coaching sessions may be recorded using Zoom to capture video and audio. The purpose of these recordings is to provide clients with a resource for reviewing session content and tracking progress over time.
o Video recordings will be stored securely and made available to clients for personal use only. Recordings will not be shared with third parties without explicit written consent from the client.
ii. Use of Otter.ai for Transcription
o Otter.ai transcription services may be used during or after sessions to generate written transcriptions of our conversations. Transcriptions provide an additional resource for clients, allowing them to revisit key insights and action steps discussed.
o Otter.ai transcriptions will be stored securely and shared only with the client. These transcriptions are not shared with third parties and are intended solely for the client’s personal use and reflection.
iii. Privacy and Confidentiality
o All recordings and transcriptions are treated with the utmost confidentiality and stored securely. Access to these materials is restricted to the coach and the client, ensuring privacy within the coaching relationship.
o By participating in coaching sessions, clients consent to the use of Zoom recording and Otter.ai transcription as outlined in this document. Clients may request to opt out of recording or transcription, understanding that doing so may affect access to session materials for later review.
iv. Data Security and Retention
o Recordings and transcriptions are stored using secure, reputable cloud services. These materials are retained for a limited period (e.g., 2 months after the coaching program concludes) to facilitate client access, after which they are permanently deleted.
o If clients prefer recordings or transcriptions to be deleted sooner, they may request this at any time, and the coach will accommodate the request within a reasonable timeframe.
By participating in coaching sessions, clients agree to the use of Zoom video recording and Otter.ai transcription services as described above. This approach is intended to enhance the coaching experience by providing accessible session content while maintaining confidentiality and data security.
d. Unauthorized Use
Your use of any materials found in the Program, the Content, or any intellectual property owned by the Company other than that expressly authorized in this TOU 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 five thousand dollars ($5,000.00), 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.
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 the Company that you are the owner of all such materials, and you are at least eighteen (18) years old.
You 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 created by the Company in connection with your participation in the Program or created by you in connection with your participation in any private, 1:1 sessions. 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, including any photographs, videos and/or audio recordings in which you might be identified, whether created by you or the Company, for any purposes, including commercial purposes and advertising. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you.
This means we will ask your permission before using any of the recordings we make during our coaching calls or any of the recordings you make as part of the 1:1 sessions.
You grant the Company the right to use any photographs, videos, audio recordings and/or any other materials either submitted by you to the Company, or created by the Company in connection with your participation at any live or virtual event hosted by the Company, for any purposes, including commercial purposes and advertising, and grant the Company the right to make it part of the Company’s current or future website, Program, and Content, without compensation to you at any time, now or at any time in the future. This includes the right to use your likeness and identify you as the individual depicted in any such photographs, videos, audio recordings and/or any other materials without any further permission from you or compensation by the Company to you.
This means if you attend our events, you are giving us permission to use any photographs, videos and/or audio recordings captured during those events, including images or recordings where you are visible and recognizable. You also give us permission to use any materials that you submit to us.
Additionally, you grant the 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 display any comments, statements, or testimonials you submit or share, whether in writing or as a video or audio recording, in connection with your participation in any Program for any purposes, including commercial purposes such as advertising, and grant the Company the right to make it part of the Company’s current or future website, 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 acknowledge that the Company has the right but not the obligation to use any contributions from you and that the Company may elect to cease the use of any such contributions at any time for any reason.
This means we can use any videos, statements or comments that you have made on our website or inside of the coaching container or during voice and/or text message support access as testimonials without further permission from you.
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 info@synergizedcareers.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 the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect its intellectual property and ownership rights in the Program and Content.
6. Coach-Client Relationship
The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.
a. About the Coach
The coaching services provided are intended solely for career and personal growth guidance, based on the coach’s training, personal experience, and professional expertise. The coach is not a licensed doctor, mental health professional, nutritionist, or medical professional of any kind, and does not offer medical, psychological, or nutritional advice. All guidance provided within this coaching program is for informational and educational purposes only.
i. Qualifications and Scope
o The coach’s guidance is based on experience and knowledge in career coaching, wellness practices, and personal development strategies. Coaching services are designed to support clients in setting and achieving their personal and professional goals; however, they do not replace any form of professional medical, psychological, or other licensed therapy.
ii. No Guarantees of Results
o While the coaching process is designed to empower clients to make meaningful progress toward their goals, no specific outcomes are guaranteed. Success depends on various factors unique to each client, and results may vary.
iii. Disclaimer of Professional Advice
o The services, coaching and content provided by Synergized Careers, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, contractors, agents, coaches, representatives, successors, and assigns (collectively the “Company”); (ii) any Company volunteers; and (iii) Najla Lindsay on this website, social media platforms, and during 1:1 coaching sessions are intended solely for educational and informational purposes. While every effort is made to provide accurate and valuable guidance, please note the following:
- No Medical or Psychological Advice:
Synergized Careers, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, contractors, agents, coaches, representatives, successors, and assigns (collectively the “Company”); (ii) any Company volunteers; and (iii) Najla Lindsay are not medical professionals, licensed therapists, psychologists, or healthcare providers. The information and coaching services offered are not a substitute for professional medical, mental health or psychological advice, diagnosis, or treatment.
- Consult with Professionals:
Always consult with a qualified healthcare or mental health professional before making decisions that could impact your physical, mental or emotional well-being. Do not disregard or delay seeking professional medical advice due to any information obtained through our services.
-No Guarantees:
Coaching services are designed to support you in achieving your personal and professional goals. However, results may vary depending on your individual effort, circumstances, and implementation of strategies. Synergized Careers, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, contractors, agents, coaches, representatives, successors, and assigns (collectively the “Company”); (ii) any Company volunteers; and (iii) Najla Lindsay does not guarantee specific outcomes or results.
-Personal Responsibility
You acknowledge that any decisions you make based on our coaching sessions or resources are your responsibility. By engaging in our services, you accept full responsibility for the actions you take and any results you experience.
iv. Release of Liability
o By participating in this coaching program, you understand and agree that you are responsible for your own choices and actions. The coach is not liable for any direct or indirect consequences, outcomes, or damages that may arise from any coaching guidance or activities. Clients are encouraged to seek appropriate professional advice for any health, psychological, financial, or other concerns requiring licensed expertise. To the fullest extent permitted by law, Synergized Careers, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, contractors, agents, coaches, representatives, successors, and assigns (collectively the “Company”); (ii) any Company volunteers; and (iii) Najla Lindsay disclaim liability for any direct, indirect, incidental or consequential damages resulting from the use of our services or reliance on any information provided.
This section clarifies that the coaching relationship is one of guidance and support, with no assumptions of liability or guarantees for specific results. Coaching is most effective when clients actively participate, but all decisions and outcomes are ultimately the client’s responsibility.
b. Your Coach’s Responsibilities
Your coach is trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.
Your coach will provide individual guidance to each participant based on information provided.
Your coach will answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, live event, voice message, text message, or live coaching call.
c. Your Responsibilities
You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets, assignments, and homework, and attending and participating in 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.
7. Your Conduct
The coaching program is a focused, individualized environment centered around your personal growth and wellness journey. By participating, you agree not to market, promote, sell, or solicit any products, services, or programs to the coach within the context of this coaching relationship. This includes initiating meetups, social media groups, or requests for feedback on projects outside of approved coaching activities.
To create a productive and respectful coaching environment, you agree to engage in the coaching process with integrity, openness, and respect. The following conduct guidelines are in place to ensure that our coaching relationship remains focused and beneficial:
a. Respectful Communication
o All communications with the coach must be respectful, constructive, and aligned with the goals of the coaching program. Harassment, abusive language, threats, or disrespect of any kind are strictly prohibited.
b. Content and Material Submission
o If submitting any materials or engaging in shared resources, please ensure that content is appropriate, non-promotional, and does not contain abusive, vulgar, defamatory, obscene, or otherwise unlawful material. Participants are solely responsible for the materials they submit and any liability arising from those submissions.
c. No Unsolicited Marketing or Solicitation
o The coaching program is a promotional-free space. Participants agree not to promote, market, or solicit any products, services, or programs to the coach or other clients within the coaching environment.
d. Prohibited Actions
o Participants are strictly prohibited from:
- Transmitting or distributing any spyware, virus, worm, or other harmful software.
- Using coaching communications for unsolicited messages, advertising, or marketing purposes.
- Sharing or reproducing proprietary information from coaching sessions without prior approval.
e. Confidentiality and Privacy
o Respecting privacy and confidentiality is paramount. You agree to keep all coaching communications, content, and materials shared during sessions confidential. This includes avoiding the sharing of session content or any proprietary information without explicit consent.
f. Program Participation
o Active engagement in the 1:1 coaching process is expected. To foster growth, participants should complete any agreed-upon tasks or action items and communicate openly about their progress. The coach reserves the right to discontinue services if the client fails to engage meaningfully in the process.
g. Consequences of Violation
If, in the coach’s sole discretion, your conduct violates these Terms of Use, the coach reserves the right to immediately and permanently terminate your participation in the program without a refund. This is to ensure a supportive, focused environment for all participants.
These guidelines are designed to create a safe and effective coaching experience, prioritizing personal growth and respect within the coaching relationship.
8. Confidentiality
The Company is not legally bound to keep your information confidential and your communications with the Company are not covered by any privilege.
You may use a screen name or pseudonym instead of your actual name for your participation in coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record coaching calls and share them in the Program, on the Company’s website, or on third-party forums operated by the Company.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program, Content, and voice/text messaging support, without refund.
9. Username and Password
To access certain features of the Program, including any private online portals, 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 Privacy Policy.
10. 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, including security, 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.
The Company, in its sole discretion, may hire security, including armed security, for any live or in-person events.
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.
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.
The Company may record any live or in-person events. As detailed in the Intellectual Property section above, you grant the Company permission to use your image in any photographs, videos, or audio recordings taken during any live or in-person event without compensation to you.
11. 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 or Content, at any time, without refund, if you breach any part of these TOU. In the event of cancellation, termination, or revocation, you are no longer authorized to access the part of the Program or Content affected by such cancellation, termination, or revocation. The restrictions imposed on you in these TOU with respect to the Program and its Content, 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 by e-mail, to info@synergizedcareers.com. You will not be issued a refund for any remaining portion of the Program after your cancellation. Any license to the Program and Content will be terminated as outlined in the Intellectual Property section above.
In the event you decide to cancel, any remaining installment, default, or late payments will be due immediately.
12. Personal Responsibility, Assumption of Risk, Release, Disclaimers
You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
The Program and Content provide information and education only, and do not provide any financial, legal, medical, or psychological services or advice. None of the Program or Content prevents, cures, or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
You acknowledge that, by participating in 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 from 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, including at live or in-person events, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings, professional titles, 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, title, or earnings from your use of the Program, and you understand that results, titles, and earnings differ for each individual.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, the Company will try to limit the frequency and duration of suspension or restriction.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS CONTENT, 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 Company are done at your own risk.
14. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to its conflict of laws principles. The state and federal court nearest to Screven County, Georgia 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 convenience. 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.
15. Users Outside United States
The Company controls and operates the Program from offices in the United States. The Company does not represent that the Program or its Content 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 TOU 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 TOU.
18. General Provisions
The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website and participants shall be notified when accessing the Program. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU 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 TOU 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 11/29/2024.