Clear Heart Coaching, LLC
Terms of Service Agreement
Effective September 1st, 2019
Updated September 1st 2020
TERMS OF SERVICE AGREEMENT
Effective Date: Sept 1 2019
This Terms of Service Agreement (“Agreement”) is a binding legal contract between you and Clear Heart Coaching (“Clear Heart Coaching,” “we,” “us,” or “our”), regarding your use of Clear Heart Coaching’s website located at http://www.theclearheartcoach.com on all platforms (the “Services”).
You affirm that you are 18 or more years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
The Services are controlled and offered by Clear Heart Coaching from its facilities in the United States of America. Clear Heart Coaching makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with their local law.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You and Clear Heart Coaching are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
a. Customer: a person or entity that is registered with Clear Heart Coaching to use the Services.
b. User: any person or entity a Customer grants access to the Services.
c. You: a Clear Heart Coaching Customer or other person or entity who visits our Services.
d. Customer Content: information, messages, files, or any other content that Users submit to the Services.
2. GENERAL USE OF THE SERVICES
Clear Heart Coaching hereby grants you a revocable, non-transferable, and non- exclusive permission to access and use the Services as set forth in this Agreement, provided that:
a. You agree not to distribute in any medium any part of the Services, including but not limited to Clear Heart Coaching Content (defined below) and Customer Content (defined above) without Clear Heart Coaching’s prior written authorization.
b. You agree not to alter or modify any part of the Services, including but not limited to, Clear Heart Coaching’s technologies.
c. You agree not to access Clear Heart Coaching Content and Customer Content through any technology or means other than as authorized by this Agreement or a written agreement between you and Clear Heart Coaching.
d. You agree not to use the Services for any commercial use without the prior written authorization of Clear Heart Coaching. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Clear Heart Coaching’s express approval:
i. Sale of access to the Services, Clear Heart Coaching Content, or Customer Content on all platforms;
ii. Use of the Services, Clear Heart Coaching Content, or Customer Content for the purpose of gaining advertising or subscription revenue;
iii. The sale of advertising, on the Services or any third-party Services, targeted to the content of specific Clear Heart Coaching Content or Customer Content;
iv. Any use of the Services, Clear Heart Coaching Content, or Customer Content that Clear Heart Coaching finds, in its sole discretion, has the effect of competing with or displacing the market for the Services, Clear Heart Coaching Content, or Customer Content.
e. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the Clear Heart Coaching servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
f. You will otherwise comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
g. Clear Heart Coaching reserves the right to discontinue any aspect of the Services or services at any time.
3. YOUR USE OF CLEAR HEART COACHING CONTENT ON THE SERVICES
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Clear Heart Coaching Content on the Services.
a. The content on the Services, except all Customer Content, including without limitation, the text, software, scripts, graphics, files, documents, images, photos, sounds, music, pictures, messages, interactive features, the design of and “look and feel,” and the like (“Clear Heart Coaching Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Clear Heart Coaching, subject to copyright and other intellectual property rights under the law. Clear Heart Coaching Content on the Services is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Clear Heart Coaching reserves all rights not expressly granted in and to the Services and the Clear Heart Coaching Content.
b. You may access Clear Heart Coaching Content, Customer Content, and other content only as permitted under this Agreement. Clear Heart Coaching reserves all rights not expressly granted in and to the Clear Heart Coaching Content and the Services.
c. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Clear Heart Coaching Content other than as expressly permitted herein.
d. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Clear Heart Coaching Content or enforce limitations on use of the Services or the Clear Heart Coaching Content therein.
e. You understand that when using the Services, you will be exposed to Customer Content from a variety of sources, and that Clear Heart Coaching is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Customer Content. You further understand and acknowledge that you may be exposed to Customer Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Clear Heart Coaching with respect thereto, and agree to indemnify and hold Clear Heart Coaching, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
4. CUSTOMER CONTENT AND USER CONDUCT
Users may submit information, messages, files, or any other content (collectively referred to as “Customer Content”) to Clear Heart Coaching. Customers and Users agree to:
a. be solely responsible for Customer Content and the consequences of posting or publishing it;
b. comply with the terms of this Agreement;
c. comply with all applicable laws and regulations;
d. have all the necessary licenses, rights, consents, and permissions to submit Customer Content to the Services;
e. keep passwords and all other login information confidential;
f. use commercially reasonable efforts to prevent unauthorized access to or use of the Services;
g. notify Clear Heart Coaching if there is any illegal or unauthorized activity or a security breach involving your account;
h. not submit material that is copyrighted, trademarked, protected by trade secret or confidentiality, or otherwise subject to third-party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Clear Heart Coaching all of the license rights granted herein.
i. share, transfer, or other provide access to an account designated for you to another person or entity;
j. not access the Services in order to create a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
k. not send unsolicited communications, promotions, advertisements, or spam;
l. not impersonate any person or organization; and
m. upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or any other harmful technology that unlawfully accesses or downloads content or information stored within the Services.
You understand that whether or not Customer Content is published, Clear Heart Coaching does not guarantee any confidentiality with respect to any Customer Content. You retain ownership of all copyrights you may have in your Customer Content. However, you grant Clear Heart Coaching a perpetual, non-exclusive, fully paid and royalty-free, worldwide license to Clear Heart Coaching to use, remove, copy, reproduce, process, transmit, excerpt, publish, distribute, create derivative works of, host, index, cache, tag, encode, modify, and adapt in any form or media now known or hereinafter developed, any Customer Content posted to Clear Heart Coaching. Clear Heart Coaching does not endorse any Customer Content or any opinion, recommendation, or advice expressed therein, and Clear Heart Coaching expressly disclaims any and all liability in connection with Customer Content. Clear Heart Coaching does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and Clear Heart Coaching will remove all Clear Heart Coaching Content and Customer Content if properly notified in a manner consistent with law and Clear Heart Coaching’s Copyright Infringement Notification policy that such Clear Heart Coaching Content or Customer Content infringes on another’s intellectual property rights. Clear Heart Coaching reserves the right to remove Clear Heart Coaching Content and Customer Content without prior notice. If you provide feedback to us regarding the Services, Clear Heart Coaching Content, or Customer Content (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
5. COPYRIGHT INFRINGEMENT
a. If you are a copyright owner or an agent thereof and believe that any
Customer Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Clear Heart Coaching’s designated Copyright Agent to receive notifications of claimed infringement can be contacted at: email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 4(a), your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
i. Your physical or electronic signature;
ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Salem, Oregon and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Clear Heart Coaching may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Clear Heart Coaching’s sole discretion.
c. Repeat Infringers. Clear Heart Coaching will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
6. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES OR THE PRODUCTS AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE SERVICES, CLEAR HEART COACHING CONTENT, CUSTOMER CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND CLEAR HEART COACHING, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLEAR HEART COACHING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. CLEAR HEART COACHING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CLEAR HEART COACHING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. MEDICAL DISCLAIMER
You agree that Clear Heart Coaching is not comprised of licensed medical or psychological professionals and the information presented on the Services is for informational and educational purposes only and is not intended to diagnose, treat, cure, or prevent any disease. The information on the Services is in no way intended as medical advice, substance abuse counseling, psychological counseling, or as a substitute for medical or any other professional counseling. The information should be used in conjunction with the guidance and care of a physician. Consult a physician before beginning this program as you would any medical, dietary, or fitness program. You agree your use of the information on the Services is at your own risk and that Clear Heart Coaching does not guarantee results.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL CLEAR HEART COACHING, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, CLEAR HEART COACHING CONTENT, CUSTOMER CONTENT OR THE PRODUCTS AND SERVICES AVAILABLE ON THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE THAT THE MAXIMUM TOTAL LIABILITY OF CLEAR HEART COACHING, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY CLEAR HEART COACHING FROM YOU TO ACCESS THE SERVICES AND/OR USE THE SERVICES. IF YOUR USE OF THE SERVICES, SERVICES, AND/OR GOODS RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Clear Heart Coaching, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that Customer Content caused damage to a third party or to Clear Heart Coaching. This defense and indemnification obligation will survive this Agreement and your termination of use of the Services.
10. TERMINATION POLICY
a. You may terminate your use of the Services at any time. Clear Heart Coaching may terminate this Agreement, or suspend or terminate your access to the Services, at any time, for any reason. If Clear Heart Coaching suspects that you have violated any provision of this Agreement, Clear Heart Coaching may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to use of the Services, even after you have stopped using the Services.
b. Clear Heart Coaching reserves the right to decide whether Clear Heart Coaching Content or Customer Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. Clear Heart Coaching may remove such Customer Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
11. THIRD-PARTY SITES
The Services may contain links to third-party websites that are not owned or controlled by Clear Heart Coaching. Clear Heart Coaching has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website. In addition, Clear Heart Coaching will not and cannot censor or edit the content of any third-party site. BY USING THE SERVICES, YOU EXPRESSLY RELIEVE CLEAR HEART COACHING FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICES.
12. NOTICE REGARDING ELECTRONIC PAYMENT VENDORS
Users should be aware some payments may be processed through electronic payment vendors. Clear Heart Coaching may also provide applications and other services to merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities. If you have a question as to whether a payment will be accepted, we encourage you to check the policies of the applicable vendor.
Your relationship with the electronic payment vendors is separate from your relationship with Clear Heart Coaching and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. Clear Heart Coaching is not responsible for the actions or omissions of any third party payment processor.
13. SUBMISSIONS AND PRIVACY
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non- confidential and non-proprietary and will become the sole property of Clear Heart Coaching without any compensation or credit to you whatsoever. Clear Heart Coaching and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
14. TYPOGRAPHICAL ERRORS
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
15. USERS UNDER 13 YEARS OF AGE
Our Services are not directed to persons under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at firstname.lastname@example.org. We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under the age of 13 has provided us with personal information, we take steps to remove such information. By using the Services, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to install and use the Services and must immediately delete it from your devices.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Clear Heart Coaching without restriction.
By using the Services, you consent to receiving electronic communications from Clear Heart Coaching. These communications will include notices about your account and information concerning or related to the Services and/or Clear Heart Coaching’s products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. APPLICABLE LAW
This Agreement shall be governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. By accessing the Services, the parties consent to the jurisdiction of the State of Oregon. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS WE AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION 19 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION.
19. AGREEMENT TO ARBITRATE
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR CLEAR HEART COACHING’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Clear Heart Coaching concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
19.1 Notice of Dispute
In the event of a dispute, you or Clear Heart Coaching must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: email@example.com. Clear Heart Coaching will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Clear Heart Coaching will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Clear Heart Coaching may commence arbitration.
19.2 Binding Arbitration
If you and Clear Heart Coaching don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Salem, Oregon, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Oregon law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
19.3 Prohibition of Class and Representative Actions and Non-Individual Actions
You and Clear Heart Coaching agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and Clear Heart Coaching agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding. Also the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other Clear Heart Coaching’s users.
20. REFUND POLICY
Unless otherwise specified in a separate agreement, refunds for purchases on the Services must be sent to firstname.lastname@example.org,m within fourteen (14) calendar days of purchase. Programs that require monthly payments are nonrefundable, but Clear Heart Coaching will cancel your account upon receiving a cancellation request emailed to email@example.com. Once we terminate your account, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
You can review the most current version of the Terms of Service Agreement by visiting this page. The revised Terms of Service Agreement will become effective upon posting. If you access or use the Services after the effective date, that use will constitute your acceptance of any revised terms and conditions.
23. FORCE MAJEURE
In the event Clear Heart Coaching is unable to perform its obligations or provide the Services under the terms of this Agreement because of acts of God (including, but not limited to, severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions), strikes or labor disputes, war, riots, acts of terrorism, epidemics, pandemics, acts of governmental authorities (including but not limited to government directives, expropriation, condemnation, and changes in laws and regulations), interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services, or other causes reasonably beyond Clear Heart Coaching’s control, Clear Heart Coaching shall not be liable for any costs or damages resulting from Clear Heart Coaching’s failure to perform its obligations under the terms of this Agreement, provide the Services, or otherwise, from such causes.
Clear Heart Coaching is a for-profit limited liability company. You agree if you choose to donate to Clear Heart Coaching, your donation is not tax deductible. You also acknowledge that unless agreed upon by you and Clear Heart Coaching in writing, Clear Heart Coaching may use your donation for any purpose in its sole discretion. You agree that information about donors, donees, and donations is confidential.
25. CONTACT US
If you have questions or comments about this Agreement, or to report any violations or abuse of the Services, please contact us at: firstname.lastname@example.org