HEAL YOUR GRIEF CIRCLE TERMS AND CONDITIONS
- INTRODUCTION
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
SUBMITTING PAYMENT. BY SUBMITTING PAYMENT, YOU
ARE CONSENTING TO OUR TERMS AND CONDITIONS. If you
do not agree to these Terms and Conditions, you may not register
or participate in the HEAL YOUR GRIEF CIRCLE SESSIONS. In
addition, when you use any of our current or future services, you
will also be subject to our guidelines, terms, conditions, and
agreements applicable to those services. If these Terms of Use
are inconsistent with the guidelines, terms, and agreements
applicable to those services, these Terms of Use will control.
OVERVIEW
The terms “Company,” “us,” and “our” refer to Harbor Light
Coaching, LLC. The term “Group Circle Sessions” refers to The
Heal Your Circle Sessions program. The terms “Client,” “you,” and
“your” refer to Group Circle Session participants, customers, and
any other members of the program.
The program contents and services, including information, virtual
meetings, digital products, private Facebook group posts, videos
and online or in-person classes comprise, and is defined as, the
“Service”.
EXPECTATIONS AND RESPONSIBILITIES.
The Company’s role is to:
Provide weekly virtual Group Circle Sessions at set day and time
via Zoom video conferencing. Each session is 60 minutes in
duration and totaling 4 sessions per month. Provide access to
private Facebook group for members to participate in online
discussions
The Client’s role is to:
Attend weekly sessions and participate in Facebook group
discussion as desired. Be respectful and kind to other participants
and avoid inflammatory language or abusive behavior.
COMMUNICATION
Being accessible and attentive to clients is a priority. If Client
needs to reach Company between Group Circle Sessions, please
contact Company at any time via email
at [email protected]. Company will do its best
to respond to Client within twenty-four (24) hours Monday through
Friday. On weekends and holidays, Company will reply on the
next business day.
SOCIAL MEDIA
Client will be granted access to a Facebook group for additional
education and materials. The intent of such groups is to facilitate
the coaching process and relationship between members,
improve accountability, encourage members, celebrate
achievements, create a community for clients, and facilitate
coaching opportunities. If Company deems a Client’s behavior or
content inappropriate, harmful, or offensive in any way, Client or
the content may be removed from the group without any notice.
INVESTMENT
Client is investing $150 USD per month into Company’s Program.
Client understands that there is no refund policy in this Program.
AUTHORIZATION AND RECEIPT
Client acknowledges this is a monthly subscription with automatic
payments. Clients will be charged at the first of each month via
PAYPAL.
MISSED PAYMENT
If payment is not received by the date due or there is a problem
with the payment transaction or method, Client will be notified by
e-mail and have a four (4) day grace period to make the payment
following the due date. During this time, the Program will be put
on hold and commissions will be withheld, including during the
grace period. If no payment is made within the grace period, the
Program will automatically terminate, and Client will forfeit any
remaining Group Circle Sessions and Program access. Payments
must be received at least twenty-four hours prior to the next
scheduled Circle Session, otherwise, Client will not be permitted
to attend the Group Circle Session and cannot attend future
sessions until payment resumes.
TERMINATION
Company believes the Client will be happy with Company’s
Program. If, for some reason, the Client is not satisfied, Client
may stop the Program at any time with thirty (30) days of written
notice. The Company can terminate the agreement at any time if
Client breaches the contract or violates Company’s policies. No
refunds will be provided.
CONFIDENTIALITY
All information exchanged between the Parties will be kept strictly
confidential. Company will not disclose confidential information
shared during the Program to anyone else without reason to know
such information, unless required by law, ethics, or upon written
authorization by Client. Client understands Company is neither a
neither a healthcare nor a legal professional, therefore the law
does not protect the confidentiality of communications between
Client and Company.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
Client acknowledges that it takes full responsibility for Client’s
well-being and all decisions made before, during and after Client’s
Program. Client understands that Group Circle Sessions does not
involve the diagnosis or treatment of mental disorders as defined
by the American Psychiatric Association. Client understands that
Group Circle Sessions are not a substitute for counseling,
psychotherapy, psychoanalysis, mental health care or substance
abuse treatment and will not use it in place of any form of
diagnosis, treatment or therapy. Client acknowledge that
Company is not a doctor or other licensed medical professional
and that will not be providing medical, mental or behavioral health
services.
Company has used care in preparing the information provided to
Client, but all of the information, Programs, and services are
made available to Client as marketing and business tools for
Client’s own personal use and for informational and educational
purposes only. Client accepts full responsibility for Client choices,
actions, results, and expressly assumes the risks of the Program
for Client use, or non-use, of the information provided to Client.
Client also understands that they are expressly assuming all of
the risks of the Program, whether or not such risks were created
or exacerbated by the Program.
Client acknowledges that Company has not promised, either
implicitly or explicitly, any guaranteed outcome or any specific
result.
INTELLECTUAL PROPERTY RIGHTS
All content provided by Company to Client (collectively,
“Content“), including but not limited to, graphics, logos, icons,
images, audio and video clips, digital downloads, data
compilations, and software, is Company’s property or the property
of our licensors or licensees, and the compilation of the Content is
our exclusive property, protected by United States and
international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers,
icons, scripts and trade names (each, a “Mark”) maintained by
Company are proprietary to us or our licensors or licensees. Our
Marks may not be used in connection with any product or service
that is not ours in any manner that is likely to cause confusion
among users or that disparages or discredits us or anyone else.
All other Marks not owned by us that appear on the Website are
the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by us.
Company grants Client a limited license to access and make
personal use of the Content. No Content or any other Internet site
owned, operated, licensed, or controlled by Company may be
copied, reproduced, republished, downloaded (other than page
caching), uploaded, posted, transmitted or distributed in any way,
or sold, resold, visited, or otherwise exploited for any commercial
purpose, except that Client may download one (1) copy of the
Content that Company makes available to Client for such
purposes on a single computer for Client’s personal,
noncommercial, home use only, provided that Client: (a) keep
intact all copyright, trademark and other proprietary rights notices;
(b) do not modify any of the Content; (c) do not use any Content
in a manner that suggests an association with any of our
products, services or brands; and (d) do not download Content so
as to avoid future downloads. Client use of Content on any other
website or computer environment is strictly prohibited.
The license granted to Client does not include, and specifically
excludes, any rights to: resell or make any commercial use of any
Content; collect and use any product listings, descriptions, or
prices; make any derivative use of the Content; download or copy
account information for the benefit of anyone else; or use any
form of data mining, robots, or similar data gathering and
extraction tools. Client may not frame, or utilize framing
techniques to enclose, any Mark, Content or other proprietary
information, or use any meta tags or any other “hidden text”
utilizing any such intellectual property, without our and each
applicable owner’s express written consent. Any unauthorized use
automatically terminates the license granted to Client hereunder.
Client is granted a limited, revocable, and non-exclusive right to
create a hyperlink only to our home page provided that the link
does not portray us or our licensors or licensees, or their
respective products or services, in a false, misleading, derogatory,
or otherwise offensive matter. Client may not use any of our or
any such party’s intellectual property as part of the link without our
and each such party’s express written consent.
LIMITATION OF LIABILITY
Under no circumstances will Company be liable to Client or
anyone else for any direct, indirect, incidental, special or
consequential damages (including lost profits), personal injury
(including death) or property damage of any kind or nature
whatsoever that arise out of or result from: (1) participation in this
Program or any content or functions thereof; or (2) any act or
omission, online or offline, of any participant in this Program or
anyone else, even if Company has been advised of the possibility
of such damages. In no event will our total liability to Client for all
loss, cost, damage, liability or expense (including attorneys’ fees
and costs) that Client may suffer or incur, under any theory of
liability, in contract, tort (including, but not limited to, negligence)
or otherwise, exceed the lesser of the amount paid by Client, if
any, for the right to access or participate in any activity related to
this Program.
FORCE MAJEURE
Under no circumstances will Company be liable for any delay or
failure in performance resulting, directly or indirectly, from any
event of force majeure or other cause beyond Company’s control
including, without limitation, acts of god, war, pandemics,
equipment and technical failures, electrical power failures or
fluctuations, strikes, labor disputes, riots, civil disturbances,
shortages of labor or materials, natural disasters, governmental
actions, orders of domestic or foreign courts or tribunals, or non-
performance of third parties.
INDEMNIFICATION
Client, on behalf of Client’s heirs, next of kin, family members,
estate, beneficiaries, executors, administrators and
representatives (now, collectively, “Client”), agree to indemnify,
defend and hold Company, and our licensors, licensees,
successors, distributors, agents, representatives and other
authorized users, and each of their respective officers, directors,
owners, managers, members, employees, agents,
representatives and assigns (collectively, the “Indemnified
Parties“), harmless from and against any and all loss, cost,
damage, liability and expense (including, without limitation,
settlement costs and legal or other fees and expenses) suffered
or incurred by any of the Indemnified Parties arising out of, in
connection with or related to any breach or alleged breach by
Client of this Agreement. Client will use Client best efforts to
cooperate with Company in the defense of any claim. Company
reserves the right, at our own expense, to employ separate
counsel and assume the exclusive defense and control of the
settlement and disposition of any claim that is subject to
indemnification by Client.
NOTICE
All correspondence or notice required regarding the Program will
be made to Company and to Client at the e-mail address provided
during enrollment in the Program. Should the Client’s e-mail
address or contact information change at any time throughout the
course of the Program, it is the Client’s responsibility to update
the contact information within seventy-two hours.
MODIFICATION OF AGREEMENT
Any modification of this Agreement or additional obligation
assumed by any Party in connection with this Agreement will be
binding only if evidenced in a writing signed by each Party.
ASSIGNMENT
Neither this Agreement nor any other rights or obligations under
this Agreement will be assigned or otherwise transferred.
NO WAIVER
The failure to enforce any provision of this Agreement will not be
construed as a waiver or limitation of the right to later enforce and
compel strict compliance with every part of this Agreement.
EFFECT OF PARTIAL INVALIDITY
The invalidity of any portion of this Agreement will not and will not
be deemed to affect the validity of any other provision. In the
event any provision of this Agreement is held to be invalid, the
Parties agree that the remaining provisions will be deemed to be
in full force and effect as if they had been executed by both
Parties subsequent to the expungement of the invalid provision.
DISPUTE RESOLUTION
Client and Company will do their best to work out any differences
through a phone conversation or via email. However, should a
dispute ever arise, Parties agree to submit to binding arbitration
before a single arbitrator, selected jointly. Prior to seeking
arbitration, Client must submit its complaint to Company with full
details about the dissatisfaction with the Program via e-mail to
[email protected]. Client understands that the
only remedy that can be awarded to Client through arbitration is a
full refund of Client Payment made to date. No award of
consequential or of any other type of damages may be granted.
Any judgment on an arbitrator’s award, if made, is binding and
may be entered into any court having the appropriate jurisdiction.
By signing this Agreement, Client agrees to a modification of the
statute of limitations such that any arbitration must be
commenced within one (1) year of the date of the act, omission,
or other conduct complained of as submitted in an e-mail or will
otherwise be forfeited forever. Arbitration will be held in Queens
Country, New York and the prevailing party will be entitled to all
reasonable attorney’s fees and costs necessary to enforce the
Agreement.
NON-DISPARAGEMENT
In the event of a dispute between Client and Company, Client
agrees not to engage in any conduct or communications, public or
private, designed to disparage Company. Where requested by law
or arbitration, of course, Client is not prohibited from sharing their
thoughts and opinions as a part of the legal process. By signing
this Agreement, both Client and Company are acknowledging that
each has read, understands, and agrees to and accepts all of the
terms of this Agreement. Client Program will not begin until this
signed document has been received, and payment has been
made.
NONDISCLOSURE OBLIGATIONS
Client agree to hold the Confidential Information provided by
Company in confidence. Without limiting the generality of the
foregoing, the Client, further promises and agrees:
To take commercially reasonable measures to protect and
safeguard the Confidential Information that it receives against
unauthorized use, dissemination, publication or disclosure;
Not to use any of the Confidential Information except in
connection with the execution of the Company Services; and
Not to, directly or indirectly, in any way, reveal, report, publish,
disclose, or transfer any of the Confidential Information except to
its affiliates, principals, employees, representatives, accountants,
agents, co-investors, advisors, legal counsel, lenders, investors,
officers and directors, or as otherwise specifically authorized by
Company (collectively, “Representatives”).
GOVERNING LAW
This Agreement will be governed by and construed in accordance
with the laws of New York and the courts of Queens Country will
be the sole forum for resolving disputes hereunder.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the
Parties and any prior understanding or representation of any kind
will not be binding upon any Party, except to the extent
incorporated in this Agreement.