Terms & Conditions

School of Inclusion Health Coaching

Terms & Conditions

 

The School of Inclusion Health Coaching welcomes you to our website and services available from us, through the website (collectively the “Services”). Your use of the Services is governed by these Terms and Conditions (these “Terms”). Any time you browse the website or use the Services in any way, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.

We reserve the right to modify these Terms at any time, with such changes becoming effective when we post the modified Terms to the Website. We also reserve the right to make any changes to the Services in any manner and to deny or terminate your access to the website and/or Services, even if you have an Account (as defined below), in our sole discretion. If we terminate your access to the website and/or Services for a reason other than your breach of these Terms, we will issue you a prorated refund based upon the date of termination.

Each time you use the website and/or the Services, the then-current version of the Terms will apply. If you use the Services after a modification of these Terms, you agree to be bound by the Terms as modified.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS WITH RESPECT TO THE SERVICES, INCLUDING YOUR RELATIONSHIP WITH US, AND INCLUDE AN ARBITRATION PROVISION THAT MAY LIMIT YOUR ABILITY TO PURSUE CLAIMS AGAINST US IN COURT. PLEASE READ THEM CAREFULLY AND REVIEW THEM REGULARLY.

 

1. ELIGIBILITY. When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian. You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.

2. REGISTRATION & ACCOUNT. Certain portions of the Services require you to register for an account (“Account”), becoming a “Registered User.” You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. 

 

1. PERMITTED USES/LICENSE. You are authorized to access the website for the sole purpose of viewing and using the Services on your computer and/or device. You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website and/or the Services. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the website or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the website or to use the Services and may violate our intellectual property rights or the intellectual property rights of third parties.

2. INTELLECTUAL PROPERTY. All content available through the Services is the property of School of Inclusion Health Coaching, our content suppliers, or our licensors, and is protected by copyright laws in the United States and in other countries. Access to the Service does not imply any transfer of our intellectual property rights to you. You agree not to use our trademarks, service marks, trade or business names, logos, domain names, or any other copyrighted material or proprietary rights we own without our express prior written consent.

3. THIRD PARTY WEBSITES. The website may contain links to websites we do not operate, control, or maintain (“Third Party Websites”). We do not endorse any Third-Party Websites, and we make no representation or warranty in any respect regarding the Third-Party Websites. Any links to Third-Party Websites on the website are provided solely for your convenience. If you do access any Third-Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third-Party Websites or our links thereto.

 

1. DATA. You agree that we have the right to collect and analyze anonymous data and other information relating to the provision, use and performance of various aspects of the website and Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the website and/or Services and for other development, diagnostic and corrective purposes in connection with the website and/or Services and other business offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

2. PAID SERVICES. Services shall subject you to services fees. By using School of Inclusion Health Coaching’s Services, you agree to pay the fees and any taxes incurred as a result of your use of such Services. We reserve the right to collect any and all applicable Services Fees by deduction from your linked payment account. We may use third-party payment processors that require you to agree to their terms in order to make payments or access the Services. 

 

1. COPYRIGHT INFRINGEMENT. We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that a website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give the School of Inclusion Health Coaching legally sufficient notice of infringement. Please send copyright infringement complaints to the following email address: info@inclusivehealthcoach.com. 

 

1. WARRANTY DISCLAIMER. YOU AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY, AND THAT YOU USE THE SERVICES AT YOUR OWN RISK. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES OR ON THE WEBSITE, (D) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SERVICES, AND (E) ANY OTHER WARRANTIES OTHERWISE RELATING TO OUR PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS.

 

We do not warrant that the website or the Services will operate error-free or that the website is free of computer viruses and/or other harmful materials. If your use of the website and/or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs. Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

 

1. LIMITATION OF LIABILITY. Under no circumstances will the School of Inclusion Health Coaching be liable for any loss or damage caused by your use of this site or reliance on information obtained through our website. In no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages. You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

 

1. INDEMNIFICATION. You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively referred to as “Claims”), made by any third party due to or arising out of your use of the website and/or Services in violation of these Terms, or any breach of the representations and warranties you make in these Terms. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.

 

1. ELECTRONIC SIGNATURES AND NOTICES. Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature. If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.

2. GOVERNING LAW. These Terms are governed by the laws of the State of Utah. without giving effect to conflicts of law principles. You agree that, to the extent applicable and expressly subject to the Dispute Resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts located in the State of Utah in circumstances where these Terms permit litigation in court.

3. DISPUTE RESOLUTION. PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

14.1 Notice Requirement and Informal Dispute Resolution. Before either we or you may seek arbitration, the party seeking arbitration must send the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief. A Notice to us should be sent to: School of Inclusion Health Coaching, 445 W Center St. Midvale, UT 84047. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

 

14.2 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) shall be resolved through binding non-appearance-based arbitration. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Seattle, Washington, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

 

14.3 Additional Rules for Non-Appearance Based Arbitration. The arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

 

14.3 Time Limits. If either you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

 

14.4 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties involved, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

 

1. MISCELLANEOUS PROVISIONS.

 

15.1 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

 

15.2 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PLATFORM USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PLATFORM USER.

 

15.3 Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce an arbitration award, or to seek injunctive or equitable relief.

 

15.4 Severability. If any part or parts of this Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

 

15.5 Survival of Agreement. Section 14 will survive the termination of your relationship with us.

 

15.6 Small Claims Court. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.

 

15.6 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under Section 14.

 

15.8 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of our patent, copyright, trademark or trade secrets rights shall not be subject to Section 14.

15.9 Assignment. We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses. If you have executed a written agreement with us regarding your use of the Services, that written agreement takes precedence over these Terms to the extent the two conflict.