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TERMS AND CONDITIONS

 

Last updated on June 25, 2023

 

Bee One Growth & Development LLC welcomes you. We invite you to access and use our website, including, without limitation, Bee Defined Consulting LLC, One Hundred Life Coaching & Consulting LLC, and Bee One Empowerment LLC.  The following Terms and Conditions (the “Agreement”) govern your access and use of our website and mobile application (the “Platform”). The Platform is owned and operated by Bee Defined Consulting, LLC (referred to in this Agreement as “we,” “us,” “our,” and/or “Company”). The Platform may be provided by, or be accessible through, multiple websites and/or applications whether owned and/or operated by us or third parties.

 

This Agreement governs your access and use of the Platform. By accessing or using the Platform, you accept and agree to be bound by the terms and conditions of this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound by any term of this Agreement, you must not access the Platform.

 

We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

Description and use of our Websites

We provide Visitors and Registered Users with access to the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Bee One Growth & Development LLC community.

Bee One Growth & Development LLC is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Bee One Growth & Development LLC may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

Community Guidelines

Bee One Growth & Development LLC’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Platforms, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will comply with all applicable laws in your use of the Platforms and will not use the Platforms for any unlawful purpose;

  • You will not upload, post, email, transmit, or otherwise make available any content that:

  • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

  • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.

  • You will not “stalk,” threaten, or otherwise harass another person;

  • You will not spam or use the Websites to engage in any commercial activities;

  • If you post any Registered User Content, you will stay on topic;

  • You will not access or use the Websites to collect any market research for a competing business;

  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;

  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;

  • You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

  • You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platforms, without notice, and to remove any content that does not adhere to these Community Guidelines.

Conduct

 

When using the Platform, you are prohibited from:

 

  • Taking any action that exposes Company, the Platform, and other Platform users, to any type of harm, including taking an action that may disrupt, damage, disable, tamper with, overburden, or limit the functionality of the Platform.

 

  • Post content that contains software viruses, programs, or other computer code.

 

  • Circumvent or modify any Platform software or security technology.

 

  • Using any data mining, robots, scraping, or other data gathering method.
     

  • Posting your personal information, or the personal information of another person, to the Platform.

 

  • Posting any advertising, solicitation, or commercial content on the Platform, or accepting payment from a third party in exchange for performing commercial activity on the Platform.

 

  • Collecting or soliciting personal information from other Platform users.

 

  • Using automated technology to interact with the Platform.

 

  • Impersonating any person or organization.

 

  • Using the Platform for commercial purposes.

 

  • Violating or attempting to violate any security features of the Platform, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Platform, or any associated system or network, or attempting to breach security or authentication measures; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or instituting a “DDOS” attack on the Platform; (d) using the Platform to send unsolicited messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Platform; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Platform. Any violation of system or network security may subject you to civil and/or criminal liability.

 

Restrictions

The Websites are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Sign-in Name; Password; Unique Identifiers

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

Fees and Payment

As consideration for any purchase you make on the Websites, you shall pay Bee One Growth & Development LLC, Bee Defined Consulting LLC, One Hundred Life Coaching LLC, or Bee One Empowerment LLC all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Bee One Growth & Development LLC  to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

Registered User Content; Licenses

As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT BEE ONE GROWTH & DEVELOPMENT LLC, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Bee One Growth & Development LLC, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Bee One Growth & Development LLC that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Bee One Growth & Development LLC and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

Unsolicited Submissions; Communications with Us

We and our employees do not accept, review, or consider any unsolicited ideas, suggestions, works, materials, proposals, or content, including for books, stories, articles, scripts, fan fiction, animations, shows, classes, ad campaigns, promotions, products, services, product names, content, or other creative materials (collectively “Unsolicited Submissions”). Please do not send or provide us any Unsolicited Submissions in any form. It is our company policy to delete any such Unsolicited Submission without reading it.

The purpose of this Section is to avoid potential misunderstandings or disputes when our products, services, or content might seem similar to an Unsolicited Submission you provided to us. If, despite our request that you not send us your Unsolicited Submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your Unsolicited Submissions.

  • You acknowledge that no fiduciary or confidential relationship now exists between you and us, and you further acknowledge that no such relationships are established between you and us by reason of your submission of any Unsolicited Submissions.

  • You acknowledge that materials (or portions thereof) developed, created, acquired, licensed, or otherwise obtained by us, or third-party materials to which we have had access, may be similar or identical to the Unsolicited Submission (or portions thereof) in theme, idea, plot, format, and/or other respects. You agree that you will not be entitled to any compensation because of the use of any such similar or identical material. In this connection, you hereby release and absolutely and forever discharge us of and from any and all claims, damages, legal fees, costs, expenses, debts, actions, and causes of action of every kind and nature whatsoever, whether now known or unknown, suspected or unsuspected, asserted or unasserted, which you now have, or at any time heretofore ever had or which you may have in the future, against us which in any way arise out of or in connection with any such similar or identical material.

  • Although we encourage you to email us feedback and questions about our existing products and services, we do not want you to, and you should not, email us any content that contains confidential information. In addition, any such feedback and questions you send to us will be deemed non-confidential and not proprietary, and we shall be free to use and redistribute them on an unrestricted basis without compensation or attribution to you.

 

Intellectual Property

 

Unless otherwise expressly indicated, all content on the Platform, including any layout, design, documents, images, videos, graphics, applications, animations, audio, programs, text, and all other content and information (collectively the “Content”) is the sole property of the Company, and/or and its affiliated companies or licensors, and is protected by copyright, trademark, patent, and other state and federal intellectual property law. Company reserves all rights not expressly described in this Agreement.

 

Unless expressly granted, no right, title, or interest in or to the Content, or any portion thereof, is transferred to you by use of the Platform. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. 

 

To the extent Company approves the download or use of Content comprised of copyrights or copyrightable works, Company grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and only if Company makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property rights associated with the Content), and all Content is intended for personal, non-commercial use. Company reserves the right to monitor your use and to alter or revoke this license, or your access to the Content, at any time and for any reason. Company reserves the right to take down any Content that is in violation of this Agreement, or any parties’ intellectual property rights. Allowing you limited use of the Content does not constitute a waiver of any of the Company’s rights to the Content. 

 

Outside of the specific usage rights granted to you by Company in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content without prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark, or other intellectual property laws, and may subject you to criminal or civil charges and/or penalties.

 

Disclaimer

 

The platform is designed and intended solely for educational and informational purposes. The platform is not intended for the provision of professional counseling services or a clinical diagnosis requiring an in-person evaluation. You should not use the platform if you need any official documentation for court-ordered counseling, emotional service dog certification, or otherwise. The platform should not be used for information related to prescription drugs and/or medical treatment, and you should disregard any such advice and/or information if delivered through the platform.

 

Do not disregard, avoid, or delay in obtaining in-person care from your doctor or other qualified professional because of information you received through the platform. You should immediately call 911 and/or notify the relevant authorities if you have a medical emergency, are considering suicide or harming yourself or others, or feel that another person may be in danger.

 

The platform, and its content may include facts, views, opinions, and/or recommendations of persons other than the company. Company and its suppliers make no guarantee or warranty regarding the accuracy, completeness, or timeliness of such content, nor do they make any endorsement in connection with such content or material. Similarly, statements and opinions in the platform are provided as guidelines only and should not be construed as an official policy of the company, and we expressly disclaim any liability or responsibility for the consequences of any action taken in reliance on any statements, information, content, or opinions contained or expressed in the platform.

 

Privacy and Security

 

Protecting and safeguarding information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://www.beedefinedconsulting.com/terms-and-condition (The “Privacy Policy”).

 

The privacy policy is incorporated into and deemed a part of this agreement. By accessing and/or using the platform, you accept and agree to be bound by the terms and conditions of the privacy policy.

 

Third-Party Content

 

The Platform may contain other content, information, recommendations, products, or services offered or provided by third parties, links to third-party websites, or third-party advertisements (collectively, “Third-Party Content”). The inclusion of Third-Party Content on the Platform does not imply approval or endorsement of any Third-Party Content by the Company. We are not responsible for the content, policies, or activities of any Third-Party Content, or any third parties you interact with on the Platform and you interact with third parties and Third-Party Content at your own risk.

 

Disclaimer of Warranty and Limitation of Liability

               

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.

You hereby agree to release and hold harmless the company (an any of our officers, directors, employees, agents, representatives, successors, heirs, assigns, and affiliated and/or related companies) from any and all causes of action and claims of any nature arising from, or related to, the platform, the content, and/or the third party content (including any act, omission, opinion, advice, suggestion, and/or provided through or contained on the platform), and/or any other content or information accessible through the platform.

 

You understand and agree that the platform is provided to you “as is” and “as available,” and without warranty of any kind. The company hereby disclaims all warranties with respect to the platform, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or title, quiet enjoyment, and non-infringement. No oral or written statement by any employee, agent, or representative of the company, or any third-party, shall create a warranty or modify this disclaimer.

 

You expressly agree that your use of, or your inability to use, the platform is at your own risk. The company does not warrant or assume responsibility for the accuracy or completeness of any information, recommendations, third-party content, text, graphics, links, or other items contained within or on the platform, or for any errors, omissions, or any outcomes related to your use of the platform.

Company makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program.           

 

Company is not liable for any damages suffered because of your use of the platform, the content, or the third-party content. To the extent permitted by law, in no event will company be liable to you, or any third party, for any indirect, special, incidental, or consequential damages (including loss of business, revenue, profits, use, or data) even if advised of the possibility of such damage. 

 

 

Modifications, Termination, Interruption, and Disruptions to the Platform

 

You understand, agree, and acknowledge that we may modify, suspend, disrupt, or discontinue the Platform, any part of the Platform, or the use of the Platform, at any time with or without notice. This Agreement will remain in effect even after your access to the Platform is terminated or you have stopped using the Platform.
 

Amendments

 

We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement.

 

Controlling Law

 

This Agreement, and Company’s relationship with you, shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.  You agree that any cause of action that may arise under this Agreement shall be filed and heard in the state or federal district courts of Denton County, Texas, and you hereby submit to the jurisdiction of such courts. Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, the Content, or the Platforms (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding  pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Texas for purposes of any such action by us.

Indemnification

You agree to indemnify and hold harmless Company from all claims, losses, expenses, fees including attorney fee, cost, and judgments that may be asserted against Company that result from the acts or omissions of services performed.

 

No Liability & Indemnification. The absence of willful misconduct on the part of the Company, (and its affiliates, officers, directors, employees, contractors, stockholders, creditors, third-party partners) shall not be liable to You for any act or omission in the course of, or in connection with, the provision of the Services, or the provision of any other advice, assistance or consulting services. Further, You agree to and shall defend, indemnify and hold the Company harmless from and against any and all suits, claims, expenses and liability (including court costs and attorney’s fees on a full indemnity basis) which may result from any activities pursuant to or in connection with the Services, including without limitation, as described in the first sentence of this paragraph. For the sake of clarification, this indemnification shall include claims for indirect, incidental, consequential, special or punitive damages and lost profits.

 

Further indemnification. The acts and statements made by a Party to any third parties are the sole responsibility of such Party who shall indemnify the other Party therefor under the terms of No Liability and Indemnification with respect to all suits, claims, expenses and liability (including court costs and attorney’s fees on a full indemnity basis) which may result from such acts, statements and representations.

 

Interruption of Service

Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of warm fire, insurrection, laws proclamations, edits, ordinances or regulations, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.  The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption.  When such events have abated, the parties’ respective obligations hereunder shall resume.  In the event the interruption of the excused party’s obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this Agreement upon ten (10) days’ prior written notice to the other party.

Client Services Terms

Upon purchasing a product or service from Company, Company agrees to render purchased service(s) by means identified per the applicable career services within the website or per the agreement for business advisory services and speaking/workshop engagements.

 

You and Company shall cooperate fully with each other in the performance of the respective obligations including, without limitation, providing all necessary information, executing all documents and performing all actions reasonably required in connection with such performance and within the provided service duration time. To that extent, the Company acknowledges that the ability to successfully deliver the Services is dependent on the your compliance with Company’s reasonable requests for information, cooperation, and engagement.

 

You are making an investment in your future and must make every attempt to complete the services within the duration period. Lack of contact or delays without communication or prior approval from Company could result in forfeiture of remaining services.

 

Services rendered do not guarantee employment or desired business performance.  

 

You agree not to use Company or any employee or contractor as a personal or professional reference.

 

You agree to allow Company to record phone and virtual meetings and use a transcription service for training purposes and to optimize the services we provide to You. Company will retain such recordings within our internal Client Resource Management platform.

 

All coaching sessions (except for Executive Leadership when agreed upon) will be conducted virtually. You agree to following guidelines:

  • The day/time of the coaching meetings, meeting platform, and applicable meeting location will be determined by Company and You based on scheduling availability and considering service duration. For virtual meetings, You will arrive for meeting at the scheduled time and virtual meeting method as described in the meeting invite.

  • You understand that if you are more than 10-minutes late without prior notice to Company, the Company will assume that the session has been missed and the session will be forfeited. Company will make an attempt to reach within the 10-minute window.

  • Cancellation or Reschedules require a 48 hour notice.

  • After three cumulative incidents of no show, late arrival or cancellation within 48 hours, Company reserves the right to forfeit remaining services.

  • For resume services, You will be required to provide required information and documents in order to deliver resume and/or other branding documents as purchased.

  • Resume services includes up to three rounds of edits per resume purchased before the final version will be delivered by Company. Any changes requested by the client after the final resume has been delivered will be subject to an additional charge.

  • You will not join or engage in any meetings with Company while operating a motor vehicle. All sessions are required to be joined from a safe location. Company reserves the right to forgo any client session if You join any session while operating a motor vehicle.

  • Cooperate for an exceptional coaching experience:

  • Be in a quiet environment.

  • Attend sessions alone.

  • Wear headphones if you are in a room with others for privacy.

  • Join via computer or laptop with screen share ability - troubleshoot prior to the session time.

  • Have any prework assigned by your coach/consultant completed within 24 hours of the session.

  • Own the development plan, come to meetings with an open mind, and ready to grow.

 

Company reserves the right to forgo the session if policies and standards above are not observed and withhold up to 100% of the cost of the session.

 

Non-Solicitation of Personnel: You will not engage in soliciting or hiring of Company employees, contractors, or staff. During the term of this Agreement, and for a period of one (1) year thereafter, neither You nor Company will directly or indirectly solicit the employees of the other party without prior written consent.

 

Independent Contractor - for business advisory and speaking/workshop services: This Agreement shall not constitute an employer-employee relationship between You and Company. It is the intention of the Parties that the Company shall be at all times an independent contractor and will not have authority to act as an agent of the Client.

 

The Company retains the right to refuse service at its discretion, without providing a detailed explanation. Such refusal may occur at any time and for any reason. In the event that the Company refuses service, we will only consider issuing a refund if the purchased service(s) have not commenced at the time of the notice of refusal. If the services have already started, no refund will be provided.

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