In addition, when you use any of our current or future Services, you may be subject to our terms, conditions, and agreements applicable to those specific Services. If there is an inconsistency with these Terms, then the terms, conditions, and agreements of our specific Service will control.
You agree that these Terms are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, including, without limitation, your access to and use of the Website, and Services available on or through the Website.
- User Eligibility
The Website is intended for use by persons who have attained the legal age to become an adult based on the legal requirements from where they live. In the United States, that age is 18.
If you are the parent or legal guardian of a user who has not yet become an adult, then you agree to be fully responsible for the acts or omissions of such user in relation to the Website, you agree that all references to “you” throughout these Terms also include you, and you unconditionally agree to be bound by these Terms.
If you use our Website on behalf of another person or entity, then all references to “you” throughout these Terms will include that person or entity, you represent that you are authorized to accept these Terms on behalf of that person or entity, and in the event you or the person or entity violates these Terms, the person or entity also agrees to be responsible to Company.
- User-Generated Content
You may create, post, send, share, submit, or otherwise communicate to us in any way or form, either intentionally or unintentionally, any content, comments, graphics, ideas, images, information, messages, original or creative materials, photos, questions, reviews, suggestions, text, audios, videos, or other materials (“User Content”) about Company, our Services, or any other topic. You understand that any User Content, becomes the exclusive property of Company and you grant Company a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license giving Company unrestricted rights to adapt, copy, create derivative works from, develop, display, distribute, modify, perform, publish, reproduce, translate, use, or improve such User Content for any purpose we choose, commercial or otherwise, at any time, for any reason, in our sole discretion, without notice, and without any acknowledgement, permission, or compensation to you or anyone else (“User Content License”).
- User Conduct
Your conduct on the Website must abide by all United States Federal laws, and any local laws applicable to where you live. If you live outside the United States, then you must also abide by all laws applicable to where you live, including the import and export of data between the United States and your country of residence.
You may only conduct yourself in a professional manner while using the Website, which includes but is not limited to your appearance in videos and photographs, what you say verbally or in audio recordings, all of your writing including those that appear in chats, comments, emails, questions, and reviews, and all of your User Content. Examples of non-professional conduct includes but is not limited to anything that can be construed to be abusive, defamatory, derogatory, discriminatory, false, fraudulent, harassing, hateful, illegal, indecent, inflammatory, injurious, invasive of privacy, lewd, libelous, obscene, pornographic, prejudiced, spam, suggestive, threatening, unethical, or infringing on copyright, trademark, or other intellectual property rights.
You may not participate in advertising, bullying, mass mailing, political campaigning, promoting, religious sermons, selling, sexual harassment, solicitation, spamming, stalking, violating human rights, or any other disruptive, harassing, intimidating, predatory, or objectionable behaviors. You may not use hateful speech or in any way say or do harmful or hurtful things to others based on and not limited to the following: their ancestry, appearance, beliefs, color, family, gender, nationality, political affiliation, pregnancy, race, religion, sex, gender identification, or sexual orientation. You may not disrupt, inhibit, interfere with, or in any way negatively affect others from fully enjoying our Content, Services, and Website.
You may not generate User Content that violates these Terms, that violates our User Conduct policy, or for which you do not have all the intellectual property and other rights necessary to grant us the User Content License described above. You will not mislead Company as to the true origin of any content.
You shall not use a false email, address, or phone number. You shall not impersonate anyone or misrepresent your affiliation or relationship with another person or entity. You shall not communicate in any way that does not reflect the truth and your honest views and experiences. You shall not hack, spam, steal data of any kind, conduct denial of service attacks, or in any way compromise the Website. You shall not upload files, programs, or scripts that contain corrupted data, viruses, or any other destructive content. You shall not use another user’s account without the prior authorization of that user and Company.
We reserve the right to remove or edit any User Content, remove your account, remove you from a class, cancel any products or services purchased, or otherwise take legal action against you for violating any of our policies. Although we do our best to monitor User Content, we may not always be able to regularly review everything or we may miss an item. If you see or experience something that you find has violated our User Conduct or User Content policies, then please contact us immediately.
- Ownership / Restrictions on Use
All content contained on the Website, including but not limited to audio and video clips, data, downloads, graphics, icons, illustrations, images, logos, photographs, text, trademarks, and software, and the compilation of such content on the Website (the “Content”), and Services, are owned with all rights reserved and shall continue to be the exclusive property of Company or its Content suppliers and licensors, and are protected under applicable copyright, patent, trademark, and other intellectual property rights laws, treaties, and conventions. Any copying, redistribution, use, or publication by you of any such Content or Services, or any part of the Website, is prohibited except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights to or other interest in any Content or Services by or through your use of the Website.
Company grants you a limited, nonexclusive, nontransferable, non-sublicensable, and revocable license to access and use the Website for your own personal and noncommercial use only. You may not copy, reproduce, publish, republish, create derivative works from, modify, download, upload, display, perform, post, send, transmit, transfer, distribute, license, sell, resell, visit, or otherwise infringe on our intellectual property rights or exploit for any commercial or noncommercial use any Content or Services from the Website or any other materials otherwise given to you by Company unless an authorized representative of Company expressly grants you that license in writing. Any use of the Content, Services, or Website other than as specifically authorized herein is strictly prohibited, will terminate the Terms, and will violate our intellectual property rights.
Unless otherwise indicated, all Content and Services, including but not limited to the Company logo, product and service names, slogans, key concepts, and the look and feel of the Content and Services are trademarks of Company and may not be copied, imitated, or used, in whole or in part, without written permission from an authorized representative of Company. All other trademarks, registered trademarks, logos, and product and service names on Website are the property of their respective owners. References to any Third-Party content, information, materials, products, or services by trade name, trademark, or company name does not constitute or imply an endorsement, sponsorship, or recommendation by Company.
You shall not record by audio, video, photography, text, writing, or any other means, any portion of any class, coaching session, or event, nor will you share, publish, post on the internet or otherwise make publicly available any recording of any portion of a class, coaching session, or event. You shall keep confidential conversations and information of any kind about other users and students, Company representatives, coaches, course leaders, and staff members. You shall keep confidential any information provided by Company in any manner or conveyed orally to you, unless agreed to in writing by both parties. This Confidentiality provision shall not apply to any of the following: (i) information which you can demonstrate by written records was known to you prior to the class, coaching session, or event; (ii) is currently in, or in the future enters, the public domain other than through a breach of these Terms or through other acts or omissions by you; or (iii) is obtained lawfully from a third party. This section survives the termination of this Agreement.
- Transfer and Processing Data
In order for Company to provide you with Content, Services, and the Website, you agree that we may process, transfer, and store information about you in the United States.
- Professional Data Use
Company may discuss or otherwise disclose your personal information for professional purposes anonymously or hypothetically, as long as no personally identifiable information is disclosed. Examples of this anonymized disclosure include but are not limited to training, professional consultations with other coaches and staff, writing books, making videos and audios, publishing research, and writing articles for professional journals, websites, blogs, etc. Company may monitor or record sessions and customer service calls as part of our ongoing quality process and for training purposes. You can request for a Company representative to speak with an outside party by providing written permission to do so. Exceptions to confidentiality relate to circumstances such as your intent to seriously harm yourself or another, or other circumstances as required by law.
You hereby agree to defend, by legal counsel at the Company’s election, indemnify, and hold harmless the Company and its affiliated companies, subsidiaries, licensors, licensees, content providers, service providers, suppliers, distributors, other authorized users, and all of their respective agents, assigns, consultants, directors, employees, independent contractors, officers, owners, partners, and representatives (individually and collectively, the “Indemnified Parties”) from and against any and all awards, claims, costs, demands, judgments, liabilities, losses, suits, expenses (including all costs and reasonable attorneys’ fees), claims for injury, or damages that are caused by or result from the negligent or intentional acts or omissions by you, or your breach or alleged breach of these Terms. You agree to immediately notify the Company of any third-party claims and use your best efforts to cooperate with the Company and the Indemnified Parties in the defense of any claim. Company reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
The failure of Company to exercise or enforce any right or provision of these Terms, or respond to a breach by you or others, shall not constitute a waiver of our rights to exercise or enforce such right or provision as to that breach or any other provision. Any waiver to these Terms by Company must be in writing and signed by an authorized representative of Company.
You understand and agree that you alone are fully responsible and accountable for your physical, mental, and emotional well-being, including your actions, choices, and decisions, and the corresponding results and consequences. Making decisions based on any Content or Services on the Website must be done with the knowledge that you could experience risk or losses just like any other endeavor. Use caution and consult with your professional advisors before making any changes. You hereby release Company and Indemnified Parties from all current and future liability, claims, actions, lawsuits, or losses, regarding the foregoing that occur at any time or under any circumstance.
- Professional Advice Waiver
You understand that Company does not provide professional advice for financial, fitness, investment, legal, medical, psychological, real estate, spiritual, or other areas, and you will seek independent qualified professionals for these matters. You understand that all decisions in these areas are exclusively yours and you acknowledge that all decisions and actions taken by you are your sole responsibility.
- Mental Healthcare Waiver
You understand that Company does not provide diagnosis or treatment for mental disorders as defined by the American Psychiatric Association. You understand that our Services are not a substitute for counselling, psychiatric care, psychoanalysis, psychotherapy, mental healthcare, or substance abuse treatment, and you will not use it in place of any form of diagnosis, treatment, or therapy. You agree to tell Company if you are under the care of a mental healthcare professional. You have consulted with your mental healthcare provider regarding the advisability of working with Company and they are aware of your decision to proceed with Company.
- Physical Health Waiver
You understand that Company does not provide professional exercise, health, or nutrition advice. You will seek independent qualified professionals for these matters. You have consulted with your physician and received a physical in the past three months, and have been approved for physical activity and for making changes to your diet. You understand that all decisions in the areas of diet, fitness, health, and nutrition are exclusively yours, and you acknowledge that all decisions and actions taken by you are your sole responsibility.
- Technology Waiver
You understand the risks to using technology such as the internet, online meetings, computers, mobile phones, tablets, etc. You will indemnify and hold Company and the Indemnified Parties harmless for any claims, actions, lawsuits, losses, or issues related to technology.
- Third-Party Waiver
Company explicitly disclaims any responsibility for the accuracy, availability, completeness, correctness, reliability, or safety of the content, information, materials, products, or services found on sites that link to or from the Website or their affiliated companies (“Third-Parties”). Company cannot ensure that you will be satisfied with any content, information, materials, products, or services that you purchase from Third-Parties.
Company makes no representation or warranty regarding Third-Parties, and we do not assume any responsibility or liability for their actions, content, information, materials, products, or services, including the safety of any personal or credit card information you provide them. Your access to and use of Third-Parties is at your own risk.
You are using the Content, Services, and Website at your sole risk. The Website and any Content and Services provided through the Website is provided on an “as is” and “as available” basis. Company expressly disclaims any and all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Company makes no warranty that the Website functionality, Content, and Services will be available uninterrupted and meet your requirements, that it will be accurate, complete, correct, current, reliable, responsive, secure, timely, or error free, that defects will be corrected, that the quality of any Content or Services will meet your expectations, or that the Website or the servers that make the Website available are secure or free of viruses or other harmful components, and you assume the entire cost and risk of all necessary servicing, repair, or correction of any of your equipment or software.
No advice or information, whether oral or written, obtained by you from or through the Website, Content, or Services shall create a warranty not expressly stated in these Terms. Additionally, nothing on the Website shall be construed as a promise or guarantee of results, future earnings, or the outcome or results arising from the Content and Services provided by the Company. Company’s comments, statements, and testimonials describing the outcome or results of the Contents and Services, such as potential increased wealth, health, happiness, or success are illustrative of concepts and expressions of opinion only and are not typical or guaranteed and should not be considered average, exact, or expected promises of current or future results. The actual results will vary by each individual and may be more or less than what is described. The information and processes presented by Company are real and have been shown to be effective with our clients. Company can teach you everything we know, but we can’t implement it for you. Your results are exclusively up to you.
- Limited Liability
You hereby irrevocably and unconditionally waive any and all claims against Company and our Indemnified Parties. Company and the Indemnified Parties shall not be held liable for any liability, loss of data, emotional distress, pain and suffering, personal injury including death, property damage, or for any actual, consequential, exemplary, direct, indirect, incidental, punitive, special, legal expenses, other expenses, or other damages of any kind or nature whatsoever, including loss of income, profits, or revenue, even if Company has been advised of the possibility of such damages, such damages were reasonably foreseeable, or the Company was grossly negligent. In no event shall the collective liability of Company and our Indemnified Parties, regardless of the form of action, whether based in contract, tort, negligence, warranty, or otherwise, exceed the greater of one hundred ($100) USD or the amount you paid to Company to use the Website or any Services it provides.
Under no circumstances shall Company and our Indemnified Parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event or force majeure or other cause beyond our or their control, including but not limited to, acts of God, natural disasters, acts of terror, civil disturbances, riots, war, equipment and technical failures, electrical power failures or fluctuations, labor disputes, strikes, shortages of labor or materials, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third-parties.
- Governing Law and Venue
These Terms shall be treated as if it were a contract between you and Company, and have been and shall for all purposes be deemed to have been, executed and delivered within the State of California. The rights and obligations of the parties hereto shall be construed and enforced in accordance with and governed by the laws of the State of California, without regard to conflict of law principles or rules that would cause the application of the laws of any other jurisdiction. The venue and jurisdiction of any disputes shall be heard in the courts located in Seattle, Washington.
You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the Website, the Terms, or any Services provided by the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Company reserves the right to modify these Terms at any time, for any reason, in our sole discretion, and without notice. Any modifications will be effective immediately upon posting on the Website, and it is your responsibility to review these Terms for any modifications. Your use of the Website following any modifications to these Terms will constitute your assent to and unconditional acceptance of the modified Terms. If you do not agree to the amended Terms, you must stop using the Website.
You may not assign or transfer this Agreement, or any interest or claim, without the prior written approval of Company.
If any provision or part of a provision in these Terms is determined to be unlawful, void, invalid, or unenforceable by a court based in the Venue, then that provision or part of the provision may be severed from these Terms and the remaining provisions shall remain in effect, valid, and enforceable.
Company may terminate these Terms including your access to and use of the Website, at any time, for any reason, in our sole discretion, and without notice. You may terminate these Terms at any time by discontinuing your access to and use of the Website, and sending Company a Notice of said termination in accordance with the provisions of the Notice paragraph. Regardless of who terminates these Terms, you will immediately destroy all materials obtained from the Website or from the Company. The provisions of these Terms which by their nature should survive the termination of these Terms, shall survive such termination.
- Relationship of the Parties
You agree that no employment, joint venture, partnership, or agency relationship exists between you and Company as a result of these Terms or your use of the Website, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, expressed or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent entities responsible for its own actions.
Any notification or written communication required by or contemplated under these Terms shall be in paper writing and shall be deemed to have been delivered upon the earlier of actual receipt or three days after having been deposited with the United States Postal Services (by Certified Mail, Return Receipt Requested) or a nationally recognized delivery service with electronic tracking confirmation using an overnight or second-day service. All notices shall be in writing and sent to Company, with pre-paid postage, to the following address:
Clarity Compass Consulting
333 Charli Circle
Liberty Hill, TX 78642
- Entire Agreement
These Terms constitute the entire agreement between you and Company with respect to its subject matter and supersedes all prior agreements, communications, representations, statements, understandings, advertising materials, expectations, proposals, and discussions of the parties, whether electronic, oral, or written, and there are no other representations or agreements between the parties in connection with the subject matter hereof except as specifically set forth in these Terms. You may also be subject to our terms, conditions, and agreements applicable to our Services.
- Copyright Infringement Claims
If you believe your work has been copied in a way that constitutes copyright infringement or a violation of your intellectual property rights, please provide our Copyright Agent the written information specified below. Our Copyright Agent for notice of claims of copyright infringement on the Website can be reached as described in the Notice paragraph in these Terms.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of the copyrighted work or intellectual property that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website.
- Your name, address, telephone number, and e-mail address.
- 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.
- A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Contact Information
Clarity Compass Consulting
333 Charli Circle
Liberty Hill, TX 78642