- 1. Definitions. 1
- 2. Not a Medical Service - Disclaimer & Waiver. 2
- 3. User Undertaking. 3
- 4. Summary. 4
- 5. Scope. 4
- 6. Eligibility. 4
- 7. Using Coaching Service Provider. 5
- 8. Content. 5
- 9. Your Content in our Services. 6
- 10. Account Terms. 6
- 11. Right To Review. 7
- 12. Right To Refuse Service. 7
- 13. Privacy. 8
- 14. Indemnity. 8
- 15. Limitation Of Liability. 8
- 16. Our Warranties and Disclaimers. 8
- 17. Liability for our Services. 9
- 18. Jurisdiction Limitations. 9
- 19. Law And Forum For Legal Disputes. 9
- 20. Severability. 9
- 21. Interpretation. 10
- 22. Limited license to use site and service. 10
In This User Agreement:
“Account” means your account on this website corporate, business or personal.
“Customer” means a User of Coaching Service Provider Services.
“Coaching Service Provider”, “we”, “our”, or “us” means Lisa A. Romano Breakthrough Life Coach Inc., Coaching Service Provider as defined at the start of this Agreement.
“Intellectual Property Rights” refers to all intellectual rights including but not limited to: (a) copyright, patents, registered designs, trademarks, and any right to have confidential information kept confidential; and (b), whether or not such privileges are listed or capable of being listed and whether current under any laws.
“Coaching Service Provider Services” or “Services” means services delivered by Coaching Service Provider.
“User”, “you” or “your” means any entity who uses the website.
“Website” refers to the websites operated by Coaching Service Provider and any connected Coaching Service Provider services, implements or applications.
NB: Should any of the links in this agreement not work, you agree that they are substituted by a reference to contact support on the Coaching Service Provider site.
2.Not a Medical Service - Disclaimer & Waiver
Coaching Service Provider does not warrant the completeness or accuracy of the advice provided by us, our users or its usefulness for any particular purpose. Unless required by law, Coaching Service Provider is not making any promises or warranties. All information provided on this website to be used on an “as is, with all faults” basis.
Coaching Service Provider is not intended to diagnose, prescribe, treat, or cure any disease, physical or mental. Coaching Service Provider should not be construed as a prescription, a promise of benefits, claims of cures, or a guarantee of results to be achieved.
The information, instruction or advice given by a CSP is not intended to be a substitute for competent professional medical or psychological diagnosis and care. You should not discontinue or modify any medication presently being taken pursuant to medical advice without obtaining approval from your healthcare professional.
Coaching Service Provider aims to assist you with a set of self-help techniques and tools, a so called “energy therapy.” You could learn to balance own body’s energy system with the intention of reducing stress, enhancing overall health, and removing stress from the body. Coaching Service Provider is not intended to diagnose, prescribe, treat, or cure any disease, physical or mental.
Coaching Service Provider does not, under any circumstances, advice to discontinue or to avoid medical or psychological consultations. You should always refer to your doctor, physician and medical practitioner if you are feeling unwell, in doubt or have any kind of medical, mental or other condition. Don’t use these techniques to try to solve a problem where your common sense would tell you it is inappropriate. Since these are self-treatment techniques, we cannot and will not take responsibility for what you do with them. You are required to take complete responsibility for your own well-being both during and after the use of our materials and/or Coaching sessions.
Some statements on the Website represent working theory rather than accepted science. Coaching Service Provider is not a licensed medical doctor, psychologist, psychotherapist, chiropractor, lawyer, nutritionist or naturopath.
The User agrees and understands:
- User understands that the Coaching services User will be receiving from the Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions.
- User understands that the Coach is not acting as a mental health counselor or a medical professional.
- User understands and agree that they are fully responsible for their own well-being anytime during/while/before and after any Coaching sessions and Coaching program, and subsequently, including any User choices and decisions.
- User understands that Coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and User will not use it in place of any form of therapy.
- User understands that all comments and ideas offered by the Coach are solely for the purpose of aiding the User in achieving their defined goals. User asserts, agrees and declares that they have the ability to undertake an informed consent, and hereby give such consent to the Coach.
- User understands that to the extent of any Coaching programs offered by this Coach, or and work together involves career or business, the Coach is not promising outcomes included but not limited to increased health, profitability and or business success.
- User understands that the Coach will protect User information as confidential unless the User agrees otherwise.
- User understands that the use of technology is not always secure and the User accepts the risks of confidentiality associated with the use of email, text, phone, Skype and other technology.
- To the fullest extent allowable by the law, the User hereby releases, waives, acquits and forever discharges the Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages the User may claim to have or that may have arose out of acts or omissions by the User or the Coach as a result of the advice given by the Coach or otherwise resulting from the relationship contemplated by this Agreement. The User further declares and represents that no promise, inducement or benefit of the Services has been made to the User.
By opening an account and/or using the Website, you acknowledge and agree to the subsequent terms with Coaching Service Provider.
We might change User Agreement along with any related material as required by posting amended terms on the Website.
Coaching Service Provider consists of self-help coaching techniques and tools.
As you start utilising Coaching Service Provider Website, read the whole User Agreement, relevant terms and all related information.
Users might arrange for a commercial name or a business name to be linked with the User's Account. Users accept and come to an agreement that where a commercial name or business name is related with their Account, this User Agreement is an agreement with the User as an officer of that business and Users stay solely accountable for all activity carried out in relation of their Account.
We might refuse to accept an individual or business entity as a User at our sole discretion.
7. Using Coaching Service Provider
While using the Coaching Service Provider Website, you will not:
- post content or items in inappropriate categories or areas on our websites and services;
- infringe any laws, third party rights or our policies;
- work with false, inaccurate, misleading, defamatory or offensive content;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Coaching Service Provider, the Website, or the interests or property of Coaching Service Provider users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Coaching Service Provider Website;
- copy, modify or distribute rights or content from the Coaching Service Provider Website or Coaching Service Provider's copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
You represent and warrant that your content:
- will not infringe upon or misappropriate any copyright, patent, pattern, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
- will not violate any law or regulation;
- will not be defamatory or trade libellous;
- will not be obscene or contain child pornography;
- will not contain the development, design, manufacture or production of spam software
- will not contain material linked to terrorist activities
- will not include incomplete, false or inaccurate information about User or any other individual; and
- will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
9.Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Coaching Service Provider (and those we work with) a worldwide license to use, host, store, communicate and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.
10. Account Terms
You are responsible for your account credentials and security and maintaining the security of these. The Account holder has the complete and final responsibility for any financial and non-financial transactions that were undertaken via account, regardless if they authorised these transaction or not.
Coaching Service Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content added to Coaching Service Provider and activity that occurs within your account;
- You may not use Coaching Service Provider for any illegal purpose or to violate any laws (including but not limited to copyright laws);
- You are responsible for properly managing users of your account, all activity performed by your users;
- You are responsible for assigning appropriate permissions and responsibilities to your users, managing these and any actions performed by your delegates.
11. Right To Review
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.
We retain full and unconditional right to reject, suspend, delete or edit any information submitted by the user, including but not limited to event information, description, change the classification.
12. Right To Refuse Service
We might chose to close your account, at our sole discretion, including but not limited to the reasons outlined below:
- if we determine that you have or will have breached any of our guidelines, policies, terms and conditions, or are not acting on terms of this agreement;
- if you breached a law in ANY country (International as well as National)
- if you violated someone’s Intellectual Property Rights;
- if you engage in fraudulent or deceptive activities;
- we are required to do so by a request of authorities or by virtue of law;
- you might result in risk to our business, clients, revenue or us;
- you result in loss, reduced revenue to us;
- you are offending or a risk to another user;
- for other similar reasons.
If we decide to close your account due to this agreement you will become liable to pay all your outstanding fees and settle your account in full. Note that any decision to close your account is based on our sole discretion and you agree not to seek a recourse.
You will protect us (and our directors, officers, agents, and employees) against any entitlement or request, including permissible costs and fees arising out of or due to your acting in contradiction to this Agreement, or your breach of any laws in the course of using the Coaching Service Provider Website and Coaching Service Provider Services.
15. Limitation Of Liability
Under no circumstances shall we be liable for:
- any unintended, consequential, distinctive or related damages that might arise;
- any damage to business, income, or profits (whether indirect or direct) that might be experienced by you;
- any damage, claim, or loss which might be sustained by you as a consequence of any of your dealings concerning the Website.
The limits on our accountability to you will be effective if we or not, staff, our affiliates, our related entities or anyone else connected with us have been counselled of the likelihood of such damages or costs arising.
16. Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER COACHING SERVICE PROVIDER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
17. Liability for our Services
WHEN PERMITTED BY LAW, COACHING SERVICE PROVIDER, AND COACHING SERVICE PROVIDER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SELF HARM, or SELF INFLICTED HARM.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COACHING SERVICE PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, COACHING SERVICE PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE. COACHING SERVICE PROVIDER WILL NOT BE HELD LIABLE FOR ANY DECISIONS OR BEHAVIORS TAKEN BY USER DURING OR AFTER TAKING PART IN PROGRAM OR WEBSITE PARTICIPATION.
18. Jurisdiction Limitations
In case any law or jurisdiction prohibits limitations outlined in this agreement or sets limits to these limitations, we reserve the right to request limitations to the maximum extend permit table by these laws.
19. Law And Forum For Legal Disputes
This Agreement will be governed in all respects by the laws of the United States. If a dispute cannot be resolved then you and Coaching Service Provider irrevocably submit to the exclusive jurisdiction of the courts in New York, United States.
The inaccuracy of any part of this agreement will not and shall not be thought to affect the legitimacy of any other part. In the event that any provision of this agreement is held to be invalid, the parties agree that the left over provisions shall be considered to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
Titles are for reference purposes only and in no way limit, define, describe or construe the range or degree of such section.
22. Limited license to use site and service.
Subject to all of the terms and conditions of this Agreement, Coaching Service Provider hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to access and use the Site and Service. The Site and Service may only be used for personal and non-commercial purposes and must at all times be used in accordance with this Agreement and rules, restrictions and/or documentation set forth by Coaching Service Provider from time to time. All modifications and enhancements to the Site and Service remain the sole property of Coaching Service Provider. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. You understand that Coaching Service Provider, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder and disable the Site, or any part thereof including any Service, without prior notice. Coaching Service Provider reserves the right to add or remove features or functions to the Site or Service at any time in its sole discretion. Notwithstanding anything to the contrary herein, you may not: (i) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Site or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Coaching Service Provider; or (iv) make any false, misleading or deceptive statement or representation regarding Coaching Service Provider and/or the Site or Service.