TERMS OF SERVICE
In purchasing the Soul Coach Yourself Program (the “Program”) from Amanda Marit, LLC (the “Company”), you are granted access to the Program for one (1) person only. The Program includes full access to all course content via online portal. By purchasing the Program you agree and consent to the following legal terms that govern your use of the Program, the website and any subsidiaries found at www.amandamarit.com (the “Website”), and any content contained therein and that form a legal agreement, (“Agreement”) between you and the Company.
PURCHASING REQUIREMENTS + USE OF WEBSITE
You warrant that, in using this Website, Content, and/or purchasing this Program, you are over the age of 18. Anyone under the age of 18 is expressly prohibited from using this Website, Content, and/or Program. The Program is available for individual purchase only. Friends, family, collaborators, partners, colleagues, etc., must purchase the Program individually. You are expressly prohibited from sharing access to the Program with anyone else. Additionally, you have no right to ƒassign this Agreement as this Program is non-transferable. The Company reserves the right to restrict your access to the Program for violating this provision.
You are responsible for paying for the Program in full by providing Company with a valid credit card or other payment method. If you enrolled in a payment plan and miss a payment, your access to the Program will be suspended until a valid payment method is provided. Multiple missed payments may result in termination of your access to the Program unless all remaining payments are made in full. If the payment is declined, returned or deemed fraudulent, your access to the Program will be terminated until all payments are made in full. Company reserves the right to terminate access to the Program at its discretion.
You have 7 days from the course start date to request a refund, no questions asked. After the 7 day period, there will be no refunds. Company will do it’s best, within reason, to ensure you are satisfied.
WARRANTIES AND DISCLAIMERS
The Program, the Website, and all Content contained herein is provided “as is” and the Company makes no representations or warranties that the Program and information contained therein is current, accurate, reliable, or complete.
WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Company DOES NOT WARRANT THAT THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree that you are participating in the Program entirely at your own risk. The Program is provided “as is,” without warranty of any kind, either expressed or implied, including without limitation any warranty for information, coaching, uninterrupted access, or products and services provided through or in connection with the Program. The Program is requested at your own choice. Any actions you take, or lack of actions, based on any such opinion is done so solely by your choice and responsibility, and is neither the responsibility nor liability of the Coach. You take full responsibility in the decisions you make as a result of participating in the Program, as well as the consequences. You enter into the Program with full understanding that you are responsible for creating your own results. It is your responsibility to make your own informed decision about the accuracy of the information discussed or provided throughout the Program. In no event shall the Coach or any Member of the Program be liable for any incident or consequential damages resulting from your use of, or participation in, the Program.
LIMITATION OF LIABILITY
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE COMPANY AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR AND WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, YOU AGREE THAT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH PURCHASE OF THE COURSE IS AT YOUR SOLE RISK AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSSES OR LIABILITIES RELATING TO OR RESULTING FROM USE OF SUCH INFORMATION IN ANY WAY.
You grant full permission to the Coach and its agents and employees the irrevocable and unrestricted right to use the photographs and/or video images taken of you during the Program, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. You release the Coach from all claims and liability relating to any such images or video. Furthermore, you hereby release, defend, indemnify, and hold harmless the producers from and against any claims, damages or liability arising from or related to the use of the images, recordings, or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use incomposite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. You waive any right to royalties or other compensation arising from or related to the use of the image. You have read this clause fully and understand the contents, meaning and impact of this consent, waiver, indemnity and release.
You are strictly prohibited from the following conduct:
You shall not upload, post or otherwise make available on the Website anything that infringes on any copyright, trademark, or other proprietary right nor anything that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
You shall not cause damage to the Program and/or Website nor use it to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software.
You shall not use the Program and/or Website for any unlawful, illegal, fraudulent or harmful purpose or activity. You shall not systematically or automatically collect data from the Program or Website.
You agree that you shall be liable for any damage resulting from any any of the above forbidden conduct and that you shall use this Program, Website, and Content contained herein for lawful purposes only.
THIRD-PARTY RESOURCES AND WEBSITES
The Program, Website, and Content contained herein may contain links to third party websites and resources that are not a part of this Program. You acknowledge and agree that we are not responsible or liable for evaluating the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources and Company is not liable for any third-party websites and/or materials and you agree not to use them in a manner which would violate the rights of any party.
You agree that this Program includes proprietary Content (including but not limited to videos, audio recordings, PDF’s, photos, logos, designs and graphics) which are owned by the Company and protected by copyright, trademark and other applicable intellectual property laws. You are purchasing this Program for your personal, noncommercial use only. Any reproduction or unauthorized use shall constitute infringement. Duplicating, sharing or uploading Program files in many manner inconsistent with this Agreement is considered stealing and Company reserves the right to prosecute to the fullest extent permitted by law. Specifically, you may not republish, reproduce, duplicate, modify, copy, display, distribute, sell, rent, lease, or create derivative works from the Program, Website, or Content contained herein. You will not use the Program in a manner that constitutes infringement or that has not been authorized by Company either directly through this Agreement. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
The Company’s Confidential Information and any and all materials, including video, audio, and written content, shared with you by Coach or Company at any time during the term of this Agreement or through providing the Services, or at any other time, whether verbal or written physically or electronically, are the property of the Company. Any unauthorized reproduction, use, or appropriation of any such materials will be subject to applicable trademark, copyright, and intellectual property laws. Any authorized reproduction, use, or appropriation of any such materials shall bear the name and ownership credit of the Company, in the sole discretion of the Company.
CHOICE OF LAW/MEDIATION
This Agreement and the performance under this Agreement and all suits and special proceedings under this Agreement, be construed in accordance with and governed by the laws of the State of Delaware. If a dispute arises in connection with this Agreement that cannot be resolved by the parties, you and the Coach agree to attempt to mediate in good faith. If the dispute cannot be reasonably resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
The terms of this Agreement bind and inure to the benefit of the parties’ successors and assigns. This Agreement is not assignable, delegable, sub-licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
The Company reserves the right to amend and update this Agreement at any time. Such
amendments are effective immediately upon notice to you by us posting the new Agreement on this Website. Any use of the Program, Website, or Contents contained herein by you after being notified means you accept these amendments.
You agree to indemnify, defend and hold harmless the Coach, and its agents, from and against any and all claims, damages, liabilities, losses, costs and expenses of any nature arising from this Agreement.
ENTIRE AGREEMENT + SEVERABILITY + NO WAIVER
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. Should any provision of this Agreement conflict with applicable law, the applicable law shall prevail, but the unenforceable portion shall be deemed to be severed from the Agreement only to the extent necessary and the remained of this Agreement shall remain valid and in full force and effect. The failure of the Company to exercise or enforce any right or provision or performance of any obligation under the Agreement shall not constitute a waiver of such right or provision. Waiver of any breach of any provision shall not be deemed a waiver of any other breach of such provision or any other provision in this Agreement.