This Terms and Conditions Agreement (“Agreement”) is between Kewl, LLC doing business via the website CoachingLikeYouGiveaDamn.com (“Coaching Like You Give a Damn”) and You (“User” or “you”) regarding a program you wish to purchase through Coaching Like You Give a Damn.
This Agreement is a binding legal contract; please review it in full. By purchasing a program, product, or course (the “Program”) via the CoachingLikeYouGiveaDamn.com website, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot purchase the Program.
If you are purchasing the Program on behalf of an organization, you warrant that you are authorized to bind that organization to legal agreements, and as such, that organization accepts this Agreement, and all the terms of this Agreement apply to that organization.
Coaching Like You Give a Damn may amend this Agreement at any time by sending you a revised version at the email address you provide us, and you automatically become bound by the latest version of the Agreement unless you withdraw from the Program. You have an affirmative duty to notify us of any changes to your email address, and to review any changes to the Agreement.
This Agreement was last modified on September 8, 2020.
The Program. You will receive the services and/or materials as described on the web page for the Program that you purchased.
Your Duties. You must be willing to review all Program materials and participate fully in the Program to achieve results. You understand that any abusive, negative, or inappropriate conduct with Coaching Like You Give a Damn staff or any of the other Program members is a material breach of this Agreement. If you receive any one-on-one coaching services as part of the Program, you agree to comply with all guidelines regarding scheduling of sessions, and you agree to show up on time and well-prepared for all sessions.
Forum Rules. The Program may include membership in an online forum such as a private Facebook group. If so, you agree to comply with the rules of the Program online forum, including: you will not use the online forum to post spam, including promotions or advertisements for other products and services; you will not use the online forum to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography; you will only post content that you own or have a license to post; you will not post content that infringes on a copyright or trademark; Coaching Like You Give a Damn may moderate, edit, or delete posts at any time, at Coaching Like You Give a Damn’s sole discretion; and Coaching Like You Give a Damn may ban a member from the group at any time, for violating the above rules, without any refund or appeal. Any information you provide to Coaching Like You Give a Damn and other members in a forum group is not confidential. However, you agree that you will respect the privacy of fellow Program members, and will not repost or share the information provided by a fellow Program member with any third party, including on the Internet or via social media.
Payments. You agree to pay the fee(s) for the Program as described on the Program web page. Should you choose a payment plan option with installments, you agree for Coaching Like You Give a Damn’s payment processor to withdraw the agreed monthly payment amount every 30 days until full payment is settled. Overdue amounts, including bounced payments or charge backs, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to the Program until the late payment is rectified. Coaching Like You Give a Damn will have the right to recover expenses including collection costs and reasonable attorney’s fees incurred in the collection of overdue amounts. You understand and agree that you are responsible for the payment even if you choose not to utilize the Program.
Coaching Session Policies. One-on-one coaching sessions, whether purchased separately or offered as a bonus for a Program, expire six (6) months after purchase. If you have a conflict, you must reschedule your coaching session more than twenty-four (24) hours of the scheduled time. If you are a no-show for a coaching session, or if you attempt to reschedule or cancel a session within twenty-four (24) hours of the scheduled time, the session will be forfeited. If you are late for a session, the coaching session will still end at the previously scheduled time in order to have no impact on other Program members. Please review the Refund Policy section of this Agreement before scheduling any bonus coaching sessions.
Refund Policies. Each Program has a refund policy. The details of the refund policy are detailed below.
No-Refund Policy. High-touch and one-on-one Programs are non-refundable. Fees paid for one-on-one work (such as coaching) and high-touch, limited seat Programs (such as live workshops) are non-refundable because your payment holds a place in a limited Program to provide services in lieu of taking other clients or participants; as such, fees paid for such services are non-refundable.
7-Day Refund Policy. Certain short-term or immediate-delivery Programs (such as the Nail Your Niche course and the Foundation to Freedom program) have a 7-day refund policy. If you email support@CoachingLikeYouGiveaDamn.com within the first 7-days of your purchase that you wish to receive a refund, for any reason or for no reason, Coaching Like You Give a Damn will cancel your purchase and refund your payment, less transaction fees. Upon cancellation and refund, you will no longer receive access to the Program. No other refunds will be granted.
30-Day Refund Policy. Certain Programs (such as the HOT DAMN! Business Launchpad program) have a 30-day refund policy. If you email support@CoachingLikeYouGiveaDamn.com within the first 30-days of your purchase that you wish to receive a refund, for any reason or for no reason, Coaching Like You Give a Damn will cancel your purchase and refund your payment, less transaction fees. Upon cancellation and refund, you will no longer receive access to the Program. No other refunds will be granted. Note that a Kartra purchase is completely separate from the Program and that Coaching Like You Give a Damn can not refund payments made to Kartra.
Intellectual Property. Coaching Like You Give a Damn owns the copyrights and other intellectual property rights over any materials provided in the Program under this Agreement. You have a license to use such materials only for your own individual, private use. You are not allowed to reproduce, share, distribute, or sell these materials, including on the Internet or via social media.
Term. This Agreement begins when you purchase the Program and will continue until the Agreement is terminated under this section. If either party materially breaches this Agreement, the other party may terminate this Agreement upon five (5) days written notice, unless the breach is cured within the notice period.
No Guarantees or Warranties. The Program is for your education and information. Coaching Like You Give a Damn cannot and does not guarantee that any specific results will be obtained from the Program, because your results involve factors beyond the control of Coaching Like You Give a Damn, including your experience, current business conditions, and future efforts. Coaching Like You Give a Damn is not providing mental health services or therapy through any of the Programs sold via this website. Coaching Like You Give a Damn disclaims any warranties as to the availability, completeness, or accuracy of the materials. Coaching Like You Give a Damn disclaims any warranties of fitness for a particular purpose, merchantability, or non-infringement.
Your Warranties and Indemnification. You warrant that any materials you upload to the online forum do not infringe upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property, and are not in violation of any laws or regulations of any applicable jurisdiction. You agree to indemnify Coaching Like You Give a Damn against all claims and damages arising out of your breach or alleged breach out of any representations, warranties, or agreements made by you under this Agreement and your participation in the Program.
Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, government regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
No Waiver. None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all the parties. Failure to enforce any provision of this Agreement or any of the rights herein will in no way be considered a waiver of such provisions or rights.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them with respect to the subject matter contained herein.
No Assignment or Transfer. You may not assign, sub-license, or transfer this Agreement (including your login/password information) to any other person or entity. Sharing your login information with any other person is a material breach of this Agreement.
Choice of Law. This Agreement will be governed by, and construed in accordance with, the laws of the State of Florida.
Arbitration. It is expressly agreed by you and Coaching Like You Give a Damn that any controversy or claim arising out of or relating to this Agreement or the breach thereof will be settled by arbitration administrated by the American Arbitration Association, in accordance with its rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any arbitration arising out of or related to this Agreement, the arbitrator(s) will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Reporting Copyright Infringement (DMCA). Coaching Like You Give a Damn complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at Support@CoachingLikeYouGiveaDamn.com, containing the following information:
Your contact information (name, mailing address, phone number).
A description of the copyrighted work that you believe was infringed.
A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
Your digital or physical signature.
EARNINGS DISCLAIMER: EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND THEIR POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, IDEAS, AND TECHNIQUES. WE DO NOT PURPORT ANY OF OUR PRODUCTS TO BE A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO OUR PROGRAMS, IDEAS, AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCTS AND ON OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES, OR IS BASED UPON, FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD-LOOKING STATEMENTS HERE, OR ON ANY OF OUR SALES MATERIALS, ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS ARE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR THE TESTIMONIALS OF OUR STUDENTS AND MEMBERS. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE IDEAS AND TECHNIQUES IN OUR MATERIAL.
Any questions about the Agreement can be directed to: Support@CoachingLikeYouGiveaDamn.com.
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