Terms and Conditions
Health Coaching & Consulting Agreement
Updated: February 24th, 2025
Welcome to Svasta Wellness, LLC! By purchasing or participating in our services, you acknowledge and agree to the following terms and conditions. Please read them carefully before proceeding.
1. Agreement to Terms
By accessing, purchasing, or participating in our coaching and consulting services, you ("Client") agree to be bound by these Terms & Conditions. If you do not agree, please do not proceed with our services. Whereby Provider agrees to provide Coaching and/or Consulting Services for Client, focusing on improving wellness and life balance. This entire agreement applies to both services offered, Coaching and Consulting in all formats and delivery mediums.
Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Provider and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal or professional goals and to develop and carry out a strategy/plan for achieving those goals.
Description of Consulting: Lifestyle and wellness consulting that includes education, inspiration, and recommendations for healthy lifestyle practices. The information and recommendations are rooted in the system of Ayurveda, and modern research into circadian rhythm, sleep, longevity, menopause, women’s health, and overall health.
2. Medical Disclaimer
2.1 Svasta Wellness LLC, its owners, practitioners, employees, or contractors are not medical doctors (unless explicitly stated). The services and programs offered are not designed to diagnose, treat, or cure any disease, condition, or illness.
2.2 The Client acknowledges that all coaching and consulting services provided by Svasta Wellness LLC are for educational and informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment.
2.3 The Client agrees to consult with a qualified healthcare provider before making significant changes to their diet, exercise, supplements, or lifestyle.
2.4 Each client is fully responsible for their own health. We do not guarantee any results or take any responsibility for the desired outcome for the client.
2.5 Ayurvedic Health & Wellness Guidance
Svasta Wellness LLC provides health, food, herbal, and lifestyle recommendations rooted in the holistic system of Ayurveda, combined with modern research on circadian rhythm, sleep, longevity, menopause, women’s health, and overall wellness. These recommendations are for general wellness support and are not intended to diagnose, treat, cure, or prevent any medical condition.
Svasta Wellness LLC provides health, food, herbal, and lifestyle recommendations rooted in the holistic system of Ayurveda, combined with modern research on circadian rhythm, sleep, longevity, menopause, women’s health, and overall wellness. These recommendations are for general wellness support and are not intended to diagnose, treat, cure, or prevent any medical condition.
2.6 No Collection of Medical Information & HIPAA Disclaimer
Svasta Wellness LLC does not collect, process, or store medical records, diagnoses, or protected health information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). Any health-related information shared by the Client is provided voluntarily for wellness coaching purposes and is not subject to HIPAA protections. Clients are encouraged to consult with their licensed healthcare providers for any medical concerns or decisions related to their health.
Svasta Wellness LLC does not collect, process, or store medical records, diagnoses, or protected health information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). Any health-related information shared by the Client is provided voluntarily for wellness coaching purposes and is not subject to HIPAA protections. Clients are encouraged to consult with their licensed healthcare providers for any medical concerns or decisions related to their health.
3. General
This website (the "Site") is owned and operated by Svasta Wellness LLC (“COMPANY” "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Shipping Policy, our Return Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
4. Refund Policy:
We are deeply committed to supporting you in your health and wellness journey. Our coaching and consulting services, programs, courses, and retreats are designed with care to provide you with the tools, guidance, and structure needed to achieve lasting transformation.
Because of the nature of our offerings, all purchases are non-refundable.
Growth and transformation often require stepping outside of your comfort zone. While challenges may arise, true progress comes from consistency and commitment. We encourage you to fully engage in the process, knowing that every step forward brings you closer to your goals, and we are committed to helping you identify and overcome obstacles to your health goals, within the scope of our services.
5. Provider-Client Relationship:
Provider agrees to maintain the ethics and standards of behavior established by the International Coaching Federation “(ICF)”. www.Coachfederation.org/ethics. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior.
5.1 Client is solely responsible for creating and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the Coaching relationship and his/her Coaching calls and interactions with the Provider. As such, the Client agrees that the Provider is not and will not be liable or responsible for any actions or inaction or for any direct or indirect result of any services provided by the Provider. Client understands Coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
5.2 Client may discontinue the Coaching relationship as per the termination policy, cancellation and refund policy terms. Special terms apply for programs, workshops, retreats, and other events, see details below..
5.3 Client acknowledges that Coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client assumes full responsibility for how coaching and consulting principles are applied to these areas.
5.4 Client acknowledges that Coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that Coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the Coaching relationship agreed upon by the Client and the Provider. Client understands that if any intent to harm oneself or others is expressed to Provider, Provider is obligated to report to the appropriate authorities.
5.5 The Client understands that in order to enhance the Coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and create the time and energy to participate fully in the program.
6. SERVICES
Coaching and consulting services are provided exclusively through virtual meetings. The Provider will be available to the Client via email and voicemail between scheduled meetings, as determined by the Provider. Additional services requested beyond the agreed-upon scope will be provided at a prorated hourly rate to be determined at the time of service.
Coaching and consulting services are provided exclusively through virtual meetings. The Provider will be available to the Client via email and voicemail between scheduled meetings, as determined by the Provider. Additional services requested beyond the agreed-upon scope will be provided at a prorated hourly rate to be determined at the time of service.
6.1 Coaching & Consulting Packages
- Clients purchasing coaching and consulting packages must schedule and use their sessions within the specified timeframe on the selected package.
- A one-time courtesy extension may be available upon request.
- If rates change before this agreement has been signed and dated, the prevailing rates will apply.
6.2 Coaching Memberships
- Memberships are billed monthly via autopay.
- All coaching sessions must be used within the month of purchase and do not roll over to future months.
- Memberships may be canceled at any time with at least one week’s notice before the next billing cycle.
- Once a new billing cycle has begun, no refunds will be issued for that month.
6.3 Programs, Courses, and Retreats
- Clients who enroll in programs, courses, or retreats will receive access to program materials for the specified duration.
- Access to live or recorded sessions is limited to the program timeframe and is non-transferable.
- All purchases for programs, courses, and retreats are non-refundable.
- If a Client cannot attend a scheduled event or retreat, no refund will be issued, but the Provider may, at their discretion, offer a credit toward a future event.
- The Provider reserves the right to remove any participant from a program, course, or retreat without a refund if they engage in disruptive, abusive, or inappropriate behavior.
7. Procedure
The time of the virtual Coaching meetings will be determined by Provider and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls by joining in the virtual meeting through the link provided. If Client does not have good internet connection, the meeting may be conducted via phone. If the Provider will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.
8. Confidentiality
This Coaching relationship, as well as all information (documented or verbal) that the Client shares with the Provider as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Provider-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Provider agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Provider will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that:
Confidential Information does not include information that:
- Was in the Provider’s possession prior to its being furnished by the Client;
- Is generally known to the public or in the Client’s industry;
- Is obtained by the Provider from a third party, without breach of any obligation to the Client;
- Is independently developed by the Provider without use of or reference to the Client’s confidential information; or
- The Provider is required by statute, lawfully issued subpoena, or by court order to disclose;
- Is disclosed to the Provider and as a result of such disclosure the Provider reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and
- Involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Provider in a timely manner.
9. RELEASE OF INFORMATION
The Provider engages in training and continuing education pursuing and/or maintaining ICF (International Coaching Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by the ICF. By signing this agreement, you agree to have only your name, contact information, and start and end dates of Coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the Coaching relationship, no personal notes will be shared.
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other Coaching professionals for training, supervision, mentoring, evaluation, and for Provider professional development and/or consultation purposes.
10. Cancellation Policy
Client agrees that it is the Client's responsibility to notify the Provider 24 hours in advance of any cancellation of the scheduled calls/meetings.
Client must cancel with a minimum of 24 hours notice of the appointment time. Cancellations less than 24 hours and no shows will be charged the full price. To cancel, client may use their calendar link to cancel and/or reschedule. If client uses other means to cancel, such as text or email, they must wait for confirmation of receipt that the request has been received by Provider.
11. Termination
Either the Client or the Provider may terminate this Agreement at any time with 2 week written notice, to be sent via Contact Us. Client agrees to compensate the Provider for all Coaching services rendered through and including the effective date of termination of the Coaching relationship.
No refunds will be issued for packages. Monthly memberships can be terminated at any time within 1 week of the next billing date. Once started, programs, courses, retreats, and other special events cannot be terminated and no refunds will be offered.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
12. Record Retention Policy
The Client acknowledges that the Provider has disclosed his/her record retention policy with respect to documents, information, and data acquired or shared during the term of the Provider-Client relationship. Such records will be maintained by the Provider in digital/electronic format for a period of not less than 2 years past the end of the Coaching relationship.
13. Intellectual Property
- All materials, resources, and session content provided by Svasta Wellness LLC are intellectual property and are for personal use only.
- Clients may not copy, distribute, sell, or repurpose any coaching materials, course content, or resources without written permission.
- Unauthorized reproduction, sharing, or resale of materials may result in legal action.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, social media postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing:
- That you are the owner of the material or are making your posting or submission with the express consent of the owner of the material; and
- That you are thirteen years of age or older.
- In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a 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 such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
14. Limited Liability
Except as expressly provided in this Agreement, Svasta Wellness LLC makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching and consulting services negotiated, agreed upon, and rendered. In no event shall Svasta Wellness LLC be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, Svasta Wellness LLC’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to Svasta Wellness LLC under this Agreement for all Coaching and consulting services rendered through and including the termination date. Participation in retreats, courses, or events is voluntary, and the Provider assumes no liability for injuries, accidents, or unforeseen circumstances.
Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site's terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
This site is continually under development and Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
The information contained on the site is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the marketplace as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the information on the site cannot be guaranteed.
The education and information presented on the site is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You, as an end user of this information, may therefore use this content as a general guideline and not as the ultimate source of current information, and when appropriate, you understand that you should consult your own legal, accounting, or other advisors.
Any case studies, examples, illustrations, or testimonials cannot guarantee that you will achieve similar results. In fact, your results may vary significantly, and factors such as your market, personal effort, and many other circumstances may and will cause results to vary.
Your use of the information contained herein is at your own risk. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content contained in the site. You will seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
Health and wellness results are based on many factors. Company has no way of knowing how well you will do, as they do not know you, your background, your habits, or your health practices. Therefore, Company does not guarantee or imply that you will get specific health results.
Disclaimer of Warranties
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in conjunction with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Company offers no representations, warranties, or guarantees verbally or in writing regarding Participant’s future earnings, business profit, marketing performance, customer growth, or results of any kind. The Company does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to Participant of such results.
15. Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
The Information, Products, And Services Offered On Or Through The Site And By Company And Any Third-Party Sites Are Provided "As Is" And Without Warranties Of Any Kind Either Express Or Implied. To The Fullest Extent Permissible Pursuant To Applicable Law, We Disclaim All Warranties, Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability And Fitness For A Particular Purpose. We Do Not Warrant That The Site Or Any Of Its Functions Will Be Uninterrupted Or Error-Free, That Defects Will Be Corrected, Or That Any Part Of This Site, Including Bulletin Boards, Or The Servers That Make It 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 Site Or Materials On This Site Or On Third-Party Sites In Terms Of Their Correctness, Accuracy, Timeliness, Reliability, Or Otherwise.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
16. Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
17. Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features that allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site.
It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Participant’s Conduct
Participant agrees to conduct him/herself in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety and welfare of other Program participants and attendees. Participant acknowledges and agrees that Company reserves the right to remove Participant from the Program, without reimbursement, if Company, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.
The Program may only be accessed by the Participant - the individual who is the customer on record with the Company. The Program, including usernames and passwords, may only be used by Participant as permitted herein and may not be sold or distributed without the Company’s express written consent.
Confidentiality in Group Programs
Participant understands that given the group format of Programs, retreats, and other special events outside of individual coaching and consulting, the information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise will be accessible by Company personnel and other Program participants. Therefore, Participant understands that Company makes no guarantee that any information provided by Participant will be treated as confidential.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Programs Fee
Participant agrees to pay the requisite Program Fee in full
Participant authorizes Company to automatically charge the credit card on file for any and all Program Fee balanced owed and agrees to keep this information current with the Company.
IF DOING A PAYMENT PLAN - Failed Payments
If any payment is insufficient or declined for any reason, Participant will receive an automatic 5 (five) calendar day grace period (“Grace Period”) to pay the outstanding balance owed. If the outstanding balance is not paid before the Grace Period ends, the Participant will be removed from the Program, without liability on the part of the Company, and the matter will be referred to a third-party collection service to recover the outstanding amounts owed by Participant.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
18. ENTIRE AGREEMENT
This document reflects the entire agreement between the Provider and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Provider and the Client.
This document reflects the entire agreement between the Provider and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Provider and the Client.
19. DISPUTE RESOLUTION
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Provider agree to attempt to mediate in good faith for up to 90 days after notice given. If the dispute is not so resolved, these Terms of Use shall be governed by and construed in accordance with the laws of the State of California and any dispute shall be subject to binding arbitration in Orange County, California. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Provider agree to attempt to mediate in good faith for up to 90 days after notice given. If the dispute is not so resolved, these Terms of Use shall be governed by and construed in accordance with the laws of the State of California and any dispute shall be subject to binding arbitration in Orange County, California. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
20. SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
21. WAIVER
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
22. APPLICABLE LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to any conflicts of laws provisions.
This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to any conflicts of laws provisions.
23. BINDING EFFECT
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. Please sign this Client Agreement prior to the first scheduled Coaching meeting and retain the electronic copy for your records.
