Last Updated: [September 5, 2024]
Welcome to VerveLuma Coaching a fictitious business name for Your Coaching Companion LLC! These Terms of Use and Conditions hereafter refer as (“Terms”) govern your access to and use of [vervelumacoaching.com] hereafter refer as (“the Website”) and the services provided by VerveLuma Coaching wich is a Fictitious name for Your Coaching Companion LLC hereafter refer as (“we,” “us,” or “our”). By accessing or using the Website, the user hereafter refer as (“you” or “your business”), agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Website or our services.
IMPORTANT – Please read carefully and understand the Terms of Use and Conditions (“Terms”) before accessing, using, subscribing, placing and order or service with www.vervelumacoaching.com . The Terms presented here contains information regarding disclaimer warranties and limitations of liabilities including arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial and right to participate in a class action.
These Terms are our agreement, please use the “Website” carefully. This is a binding agreement [“The Agreement”] between You and Your Business [“you”, “the user”] and vervelumacoaching.com, Your Coaching Companion LLC [“the Website”, “us”]. These agreement determine how “you” access and use “the Website” and the services provided by “Us” and any other services or product that “you” place through the “the Website”, telephone, email or other method.
We offer the Website, including all information, tools, and services available in the the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, requesting information, entering information for a method of payment, completing a purchase, clicking any button or link in the Website, you and your business agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
Vervelumacoaching.com reserves the right to update and change, from time to time these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Any use of the Website after the change of the Terms constitute and acceptance of use of those changes.
Section 1: Use of the Website
1.1 Eligibility
To access and use the Website and our services, you must be at least 18 years old or the age of majority in your jurisdiction, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms. By using the Website, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you may not use the Website or services.
1.2 Account Creation and Security
Some features of the Website may require you to create an account. You agree to:
· Provide accurate, current, and complete information during the registration process.
· Update your account information to keep it accurate, current, and complete.
· Maintain the confidentiality of your account password and restrict access to your account.
· Notify us immediately of any unauthorized use of your account or any other breach of security.
· We will not be liable for any loss or damage arising from your failure to comply with these obligations.
1.3 Permitted Uses
You are granted a limited, non-exclusive, non-transferable license to access and use the Website and our services for your personal, non-commercial use. This license does not include any right to:
· Resell or make any commercial use of the Website or its contents. You agree that you will not resell, re-distribute, or export any product or service that you order from the Website.
· Copy, reproduce, distribute, publicly perform, or publicly display any content from the Website.
· Modify, adapt, translate, or create derivative works based on the Website or any part thereof.
· Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material or patent.
If you purchase a subscription to yourcoachingcompanion.com online materials:
· It provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the materials . You acknowledge and agree that these materials are copyrighted and are exclusively own by the Website.
1.4 Prohibited Uses
You agree not to:
· Use the Website in any way that violates any applicable laws, regulations, or these Terms.
· Use the Website to engage in any unlawful or fraudulent activity or any activity that infringes the rights of others.
· Submit, post, or transmit any content that is unlawful, defamatory, obscene, harmful, or otherwise objectionable.
· Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available.
· Use the Website to distribute unsolicited promotional or commercial content, spam, or other forms of solicitation.
· Impersonate any person or entity or misrepresent your affiliation with any person or entity.
· Engage in any activity that could harm or exploit minors.
· Use the Website for any commercial purpose without our prior written consent.
· Use any data mining, robots, or similar data gathering and extraction methods on the Website.
1.5 User Conduct
You are responsible for your conduct while using the Website. You agree to use the Website in a manner that does not:
· Violate the rights of others, including privacy, publicity, intellectual property, or contractual rights. Try to upload any confidential information of others included but not limited to security numbers, credit card data or any other information regarding someone in particular.
· Harass, threaten, or defame others.
· Upload or transmit viruses, malware, or other harmful software.
· Attempt to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website.
1.6 Monitoring and Enforcement
We reserve the right to:
· Monitor your use of the Website to ensure compliance with these Terms and applicable laws.
· Remove or refuse to post any content for any or no reason in our sole discretion.
· Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
· Terminate or suspend your access to the Website for any or no reason, including violation of these Terms.
Section 2: Website Content and User Content
The Website and all content are provided on “as is” basis without warranties of any kind, either express or implied, except where otherwise inapplicable or prohibited by law. We make no warranties and expressly disclaim any and all warranties of merchantability or fitness for a particular purpose, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy and/or completeness of any information on this Website. Vervelumacoaching.com/Your Coaching Companion LLC does not warrant that this Website and any information or material on the Website or any information or material downloaded from this Website, will be uninterrupted, error-free, omission-free or free of viruses or other harmful items.
We do not provide any kind of health advice or any kind of advice. The use or reliance of any information contained on this Website is solely at your own risk. Your Coaching Companion LLC, the website owner is not responsible for any losses, damages, or injuries that occur as a result of your actions using the information contain in the Website.
2.1 Ownership of Content on the Website
All content and materials available on “the Website”, including but not limited to content, text, information, design elements, graphics, logos, taglines, hashtags, photos, icons, videos, images, audio clips, digital downloads, data compilations, are the property of [Your Coaching Companion LLC] or its content suppliers and are protected by United States and international copyright laws.
The Website and its original content, features, and functionality are and will remain the exclusive property of [Your Coaching Companion LLC] and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
2.2 Use of Content
1. Permitted Use: You may view, download, and print copies of the materials on this Website for your personal, non-commercial use only, provided that you do not modify or alter the content in any way and you retain all copyright and other proprietary notices contained in the materials and do not remove it.
2. Prohibited Use: Except as expressly permitted above, you may not copy, reproduce, republish, upload, post, transmit, distribute, or use the content in any form or by any means without prior written permission from [VerveLuma Coaching/Your Coaching Companion LLC].
3. If you use our content in any manner as described in the point number 2 of the section 2.2 or in any illegal situation as described in this agreement we have the right to act according the laws determines for the kind of actions that you perform.
2.3 Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on our Website.
• Your contact information, including address, telephone number, and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• 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.
2.4 Contact Information
For copyright inquiries, please contact at [info@vervelumacoaching.com].
2.5 User Content
You may be able to submit post, or display content on “the Website”, such as comments, feedback, or other information permitted by the Website if the information you submit are not illegal in any manner or injurious to third parties or us, objectionable or threatening. By submitting “User Content” any type of information or content you grant to us a worldwide, non-exclusive, royalty-free license to use, fully sub-licensable right to use, reproduce, modify, adapt, translate, perform, create derivate work, publish, distribute and display such content in any media. This grant doesn’t include the confidential information that we discuss in any coaching session services.
By you posting anything in our Website you give permission to us and sublicensee the right to use the name that you submit in connection with that content. By doing so you warrant that you own or control all the rights to the content that you post, that the content is accurate and does not violate this policy and will not cause injury to any person or entity and that you will indemnify Yourcoachingcompanion.com for any claims resulting from the content that you supply. Because of that vervelumacoaching.com and VerveLuma Coaching/Your Coaching Companion LLC is not responsible of your content and assume no liability toward it.
You agree that:
· You own or have the necessary rights to submit the User Content.
· The User Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party.
· The User Content does not contain any defamatory, obscene, or otherwise unlawful material.
· We are not responsible for the content or accuracy of any User Content and do not endorse any User Content.
· You can not use a false email address or impersonate someone else.
· Yourcoachingcompanion.com have the right but not the obligation to monitor or edit any activity or content.
Section 3: No Professional Advice of Any Kind
We provides information on the website for informational and educational purposes only. The information provided on the Website is general information and is not, and should not be consider as any kind of professional advice. You use this information knowing that. VerveLuma Coaching or Your Coaching Companion LLC is not and will not be responsible or liable for your reliance on the information. The information on the Website is not a substitute of any kind for any kind of professional advice. You are solely responsible for verifying the information as being appropriate for your personal use.
Section 4: Scope of Services, Limitations, Guarantees and Confidentiality
4.1 VerveLuma Coaching/Your Coaching Companion LLC offers career coaching services designed to support individuals in their career development and life coaching services, including but not limited to:
· One-on-One Coaching: Personalized sessions addressing specific career goals, challenges, and strategies.
· Group Coaching: Sessions with multiple participants focusing on common career themes and group dynamics.
· Workshops and Webinars: Educational sessions on career-related topics, skill development, and job market trends.
· Interview Preparation: Guidance and practice to enhance interview skills.
· Career Assessments: Tools and assessments to accompany clients understand their strengths, preferences, and career fit.
· Job Search Strategies: Accompany the clients on the identification of effective job search techniques, networking, and leveraging online platforms.
These services are designed to provide companion and support; however, they do not guarantee specific outcomes or results.
4.2 Service Limitations
Our services are not a substitute for professional advice or services in fields such as:
· Financial Advice: We do not provide investment, tax, or financial planning advice.
· Legal Advice: We do not offer legal counsel or representation.
· Psychological Counseling: We do not provide psychological, mental advise or treatment and we are not a substitute for mental health services or therapy.
· Medical Advice: We do not provide medical advice or treatment.
4.3 No Guarantees
While we strive to offer valuable companion and tools, we do not guarantee:
· Employment or job placement.
· Specific career advancement.
· Improvement in income or professional status.
· Any particular result or outcome from using our services, materials, content, or products provided by vervelumacoaching.com, VerveLuma Coaching/Your Coaching Companion LLC.
Your success depends on various factors including but not limited to your effort, commitment, and market conditions. We do not take responsibility for the actions or decisions you make based on our services.
The Website content is for informational purpose only and not professional advice. Any communications through the Website doesn’t establish a coach-client(coachee) relationship.
We do not guarantee the accuracy, relevance, timeliness, or completeness of information on the Website.
4.4 Confidentiality
We are committed to maintain the confidentiality of any personal information shared during the coaching process. However, we may be required to disclose such information if:
· Legally Obligated: Required by law, regulation, or court order.
· Safety Concerns: Necessary to protect the safety and well-being of the client or others.
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement.
Section 5: Products, Services, and Prices Changes
5.1 Changes and Modifications on Products, Services or Prices
The Website reserves the right to modify, suspend, or discontinue any aspect of our products, services, or pricing at any time without prior notice. We may update product descriptions, specifications, and availability, as well as adjust service offerings and pricing structures as deemed necessary. These changes may occur due to market conditions, supplier changes, technological advancements, or other factors beyond our control. We strive to ensure that all information regarding products, services, and pricing is accurate and up-to-date, but we do not warrant that all such information is error-free. By continuing to use our products and services after any changes are implemented, you acknowledge and agree to accept those changes. Please check back periodically for updates to our offerings and pricing policies. For questions or concerns about changes to our products, services, or pricing, please contact us at info@vervelumacoaching.com.
5.2 Prices Modifications
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing, or placing an order over the Website, you authorize vervelumacoaching.com, VerveLuma Coaching/Your Coaching Companion LLC to charge your account in the amount indicated for the value of the services you select, including any future price changes. It you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of vervelumacoaching.com services and VerveLuma Coaching/Your Coaching Companion LLC, and unless you terminate your subscription as provided herein, you agree that vervelumacoaching.com, VerveLuma Coaching/Your Coaching Companion LLC may charge your credit card monthly for the products and service you have selected.
Section 6: Order Placement, Acceptance and Payment
If you place an order for a service or product, payment must be received by us before we accept your order. We may request additional details if any required information is missing or incorrect and may cancel or limit the order at any time after it is placed. Your electronic or any other form of order confirmation does not constitute our acceptance of your order. To modify or cancel a pending order, you must contact us immediately. We cannot ensure that the cancellation will occur before payment is processed.
All items are subject to availability. We will notify you if an item is unavailable, provide the expected availability date, and may offer an alternative product or service. If a product or service is delayed and you do not wish to accept a substitute, we will cancel your order upon request and fully refund your payment card if previously charged. We reserve the right to limit the sale of our products and services to any person, geographic region, or jurisdiction, and may do so at our sole discretion on a case-by-case basis. Your purchase of products and services is contingent upon your reaffirmation of acceptance of this “Agreement”.
All prices for services listed on the Website are subject to change. All advertised prices and payments are in U.S. Dollars and do not include taxes unless otherwise stated. Payment for services must be made in advance unless otherwise agreed upon in writing.
Users can use credit cards, PayPal or another method specify by the Website to pay for an order. When placing an order online, you will need:
1. The billing address (where the card’s statement is sent),
2. The card number and expiration date and,
3. The three (3) or four (4) secure digit code from the card.
By providing credit card or other payment information, you represent and agree that:
1. You are authorized to use that card or account;
2. For subscription purchases, you will make all payments by the due date;
3. All provided payment information is accurate and complete;
4. You are responsible for any credit card fees, and
5. You have sufficient funds to cover the amounts due.
Payment details will be collected through our secure financial data collection system. You acknowledge and agree that we retain transaction data, including the last four digits and expiration date of the card used, and payment due dates.
You also agree that payments are due on a recurring basis according to the specific service’s payment terms (unless the subscription is canceled according to these Terms), and authorize the applicable payment collection for that service.
We and our third-party payment providers may request and receive updated credit card information from your card issuer, such as new card numbers and expiration dates. If such updates are received, we will update your account information and use the new details to process subscription payments. To opt out of your credit card’s updating service, please contact your card issuer.
We are not liable for any fees or charges imposed by your bank or credit card issuer. If your bank or issuer reverses a charge, we may bill you directly and seek payment through another method, including a mailed or email statement form.
We reserve the right to immediately terminate a user’s account and/or service for any unpaid subscription period, late or non-payment of services whether in whole or in part, with or without notice, we reserve the right to suspend or terminate access to the services.Termination does not relieve the user of any obligation to pay outstanding charges or expenses. If vervelumacoaching.com, VerveLuma Coaching/Your Coaching Companion LLC initiates collection processes, you will be responsible for all associated costs, including legal fees and expenses.
If you choose to stop using our services before the end of your billing cycle, you acknowledge that no refund will be provided for the remaining portion of the cycle, either partially or in full. You agree to contact us before filing any dispute or chargeback with your bank or credit card. Failure to use the service does not exempt you from payment obligations under these Terms.
All returns must be authorized within 10 days of receipt of shipment for a credit, less any applicable shipping charges. A 10% restocking fee will be assessed on returns. Please call to get a return authorization number before you send back the items. Authorized returns must be shipped within 10 days from return approval date to our shipping address. Unauthorized returns will be refused.
Section 7: Shipping Fees
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required.
Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
Section 8: Third Party Links and Affiliates
The Website may include links to third-party websites, services, or resources. These links are provided for your convenience and informational purposes only. The inclusion of any link does not imply endorsement by [VerveLuma Coaching/Your Coaching Companion LLC] of the third-party Website or any association with its operators.
VerveLuma Coaching/Your Coaching Companion LLC may partner with other businesses and/or become part of one or more affiliate marketing program(s) whose products and/or services may be advertised or promoted on the Website in exchange for commissions, affiliate fees, referral fees, and/or financial rewards when You purchase those products and/or services through the affiliate links.
Verveluma Coaching/Your Coaching Companion LLC may also recommend or promote other products, services, persons and/or businesses, but such reference is not intended to be an endorsement and/or statement that such information provided is accurate. We recommends such products, services, persons and/or businesses based on personal experiences. However, it is at all times your responsibility to conduct your own research and due diligence to ensure you have complete and accurate information about such products, services, persons and/or businesses.
8.1 Third-Party Content and Liability
We do not control or guarantee the accuracy, relevance, timeliness, or completeness of information on third-party websites. By accessing third-party websites through links on our Website, you acknowledge and agree that [VerveLuma Coaching/Your Coaching Companion LLC/vervelumacoaching.com] is not responsible or liable for:
• The content, products, or services offered on or through these external websites.
• Any damages or losses caused or alleged to be caused by the use of or reliance on any third-party content, goods, or services available on or through any third-party websites.
8.2 Terms and Conditions of Third-Party websites
You may be subject to different terms of use, privacy policies, and practices when you visit third-party websites. It is your responsibility to review the terms and conditions and privacy policies of these third-party websites before using them.
8.3 No Endorsement
Links to third-party websites do not constitute or imply an endorsement, sponsorship, or recommendation by [vervelumacoaching.com/VerveLuma Coaching/Your Coaching Companion LLC]. We make no warranties or representations, express or implied, regarding the third-party content or the quality, safety, or suitability of any products or services offered on third-party websites.
8.4 Linking to Our Website
You may not create a link to any page of our Website without our prior written consent. If you do create a link to a page of our Website, you do so at your own risk and the exclusions and limitations set out in these terms of use will apply to your use of our Website by linking to it.
Please contact us at [info@vervelumacoaching.com] if you have any questions or need further information about third-party links on our Website.
Section 9: Testimonials, Reviews, and Pictures/Videos
VerveLuma Coaching/Your Coaching Companion LLC/vervelumacoaching.com is very pleased to hear from our users and customers and welcomes your comments regarding our services and products. Because of that vervelumacoaching.com/VerveLuma Coaching/Your Coaching Companion LLC may use your testimonials or product reviews not only as a milestone of achievement and continuing providing high quality services but to provide others with testimonials that confirms so. We can use your testimonial or reviews in part or as a whole with the name, title or the city that you provided. We can use in printed or in online media as our discretion correcting any grammatical error before publishing it. Please remember that we can use testimonials or reviews as we seem necessary but is not an obligation for us to do so.
Section 10: Changes to the Website
We reserve the right to modify or discontinue the Website or any part thereof at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any part thereof.
By using the Website, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, please discontinue using the Website immediately.
Section 11: Compliance with the Laws
As a vervelumacoaching.com user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. §7701)), telemarketing laws (including the federal Telephone Consumer Protection Act(47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws.
You are entirely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and guarantee that you and all users of your account comply with such applicable laws at all times.You agree to indemnify and defend VerveLuma Coaching/Your Coaching Companion LLC/vervelumacoaching.com from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against VerveLuma Coaching/Your Coaching Companion LLC/vervelumacoaching.com relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware.
Section 12: Disclaimers of Other Warranties
The Website and all content are provided on “as is” basis without warranties of any kind, either express or implied, except where otherwise inapplicable or prohibited by law. We make no warranties and expressly disclaim any and all warranties of merchantability or fitness for a particular purpose, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy and/or completeness of any information on this Website. Vervelumacoaching.com/VerveLuma Coaching/Your Coaching Companion LLC does not warrant that this Website and any information or material on the Website or any information or material downloaded from this Website, will be uninterrupted, error-free, omission-free or free of viruses or other harmful items.
We do not provide any kind of health advice or any kind of advice. The use or reliance of any information contained on this Website is solely at your own risk. Your Coaching Companion LLC, the website owner is not responsible for any losses, damages, or injuries that occur as a result of your actions using the information contain in the Website.
We provides information on the Website for informational and educational purposes only. The information provided on the Website is general information and is not, and should not be, construed as, any kind of professional advice.
We do not represent or warrant and expressly disclaim that the use of the Website or any software will be secure, timely uninterrupted or error free, or operate in combination with any other hardware, software, system or data; or that the Website, software or services will meet your requirements or expectations; any store data will be accurate or reliable; the quality of any products, services software, information or other material purchased or obtained by you through the Website will meet your requirements or expectations; errors or defects on the Website will be corrected or; the Website or the server(s) that make the Website available are free of viruses or other harmful components.
Section 13: Limitations of Liabilities and Dispute Resolutions
Except where inapplicable or prohibited by law, Your Coaching Companion LLC/yourcoachingcompanion.com and its officers, directors, shareholders, employees, independent contractors, and providers shall not be liable for any indirect, special, incidental, exemplary, consequential, punitive, or other damages, fees, costs, or claims arising from or related to this agreement, the privacy statement, the services or products, or the use or attempted use of the Website or any software, service, or product by you or a third party, even if yourcoachingcompanion.com/Your Coaching Companion LLC has been informed of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, substitute services or products, or other indirect, special, incidental, punitive, or consequential damages. This limitation applies regardless of the manner in which the damages are allegedly caused and under any theory of liability, including breach of contract, tort, warranty, or otherwise.
You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the coaching services or the Website, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service and/or any other content or information accessible through the Website.
Yourcoachingcompanion.com can provide links to other websites but doesn’t assumes any responsibility for the content or functionality of any of those websites to which we provide a link.
You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Section 14: Dispute Resolutions and Waivers
Except where prohibited by law you and your business agree that any claim that you or your business may have in the future must be resolved through final and biding confidential arbitration. You acknowledge and agree that you are waving the right to a trial by jury. You agree that you only bring a claim in an individual capacity and not as a plaintiff or class member and you agree that the arbitrator can’t consolidate proceedings in a in any form of class proceeding. Any court review of an arbitration award is limited, however an arbitrator can award on an individual basis the same damages and relief as a court and must follow this terms as a court would.
By using the Website you understand that you and your business have the right to litigate through a court, to have a judge or jury decide your case and to be part of a class action in case of necessity but you agree to have any claims decided individually and only through binding, final and confidential arbitration in accordance with this arbitration provision.
If you have a complaint, dispute, or controversy, you agree to first contact us at yourcoachingcompanion@gmail.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in the sections below. The arbitration will be conducted by a single neutral arbitrator in the English language in United States Jurisdiction, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA.
The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration.The AAAs Rules are available at www.adr.org or by calling 1-800-778-7879.
Section 15: Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless yourcoachingcompanion.com and Your Coaching Companion LLC, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to your use, misuse, or attempt to use the Website, software, products, or services, information you submit or transmit through the Website, your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or your violation of any law or the rights of a third-party.
Section 16: Termination
If we determine as our discretion that you fail in any part of this agreement with us or violated any law related we may terminate the Agreer or suspend your access to the Website at any time without further notice to you.
Section 17: Agreement Disclaimer
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
1. Legal Incongruence: If any provision of the Agreement, or any part thereof, is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision or part shall be deemed modified to the extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the offending provision or part shall be deemed severed from the Agreement, and the remaining provisions shall continue in full force and effect.
2. No Waiver: The failure of any party to enforce any provision of the Agreement or exercise any right or remedy provided under the Agreement or by law shall not be deemed a waiver of such provision, right, or remedy, nor shall it prevent or limit the future enforcement of any provision of the Agreement.
Severability: If any provision of this Agreement, or the application thereof to any person, entity, or circumstance, is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unforceability shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. The Parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.
Terms of Use and Conditions
Last Updated: [September 5, 2024]
Welcome to VerveLuma Coaching/vervelumacoaching.com [Your Coaching Companion LLC]! These Terms of Use (“Terms”) govern your access to and use of [vervelumacoaching.com] (“the Website”) and the services provided by [Your Coaching Companion LLC] (“we,” “us,” or “our”). By accessing or using the Website, the user (“you” or “your business”), agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Website or our services.
IMPORTANT – Please read carefully and understand the Terms of Use and Conditions (“Terms”) before accessing, using, subscribing, placing and order or service with www.yourcoachingcompanion.com . The Terms presented here contains information regarding disclaimer warranties and limitations of liabilities including arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial and right to participate in a class action.
These Terms are our agreement, please use the “Website” carefully. This is a binding agreement [“The Agreement”] between You and Your Business [“you”, “the user”] and vervelumacoaching.com, Your Coaching Companion LLC [“the Website”, “us”]. These agreement determine how “you” access and use “the Website” and the services provided by “Us” and any other services or product that “you” place through the “the Website”, telephone, email or other method.
We offer the Website, including all information, tools, and services available in the the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, requesting information, entering information for a method of payment, completing a purchase, clicking any button or link in the Website, you and your business agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
Yourcoachingcompanion.com reserves the right to update and change, from time to time these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Any use of the Website after the change of the Terms constitute and acceptance of use of those changes.
Section 1: Use of the Website
1.1 Eligibility
To access and use the Website and our services, you must be at least 18 years old or the age of majority in your jurisdiction, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms. By using the Website, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you may not use the Website or services.
1.2 Account Creation and Security
Some features of the Website may require you to create an account. You agree to:
· Provide accurate, current, and complete information during the registration process.
· Update your account information to keep it accurate, current, and complete.
· Maintain the confidentiality of your account password and restrict access to your account.
· Notify us immediately of any unauthorized use of your account or any other breach of security.
· We will not be liable for any loss or damage arising from your failure to comply with these obligations.
1.3 Permitted Uses
You are granted a limited, non-exclusive, non-transferable license to access and use the Website and our services for your personal, non-commercial use. This license does not include any right to:
· Resell or make any commercial use of the Website or its contents. You agree that you will not resell, re-distribute, or export any product or service that you order from the Website.
· Copy, reproduce, distribute, publicly perform, or publicly display any content from the Website.
· Modify, adapt, translate, or create derivative works based on the Website or any part thereof.
· Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material or patent.
If you purchase a subscription to yourcoachingcompanion.com online materials:
· It provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the materials . You acknowledge and agree that these materials are copyrighted and are exclusively own by the Website.
1.4 Prohibited Uses
You agree not to:
· Use the Website in any way that violates any applicable laws, regulations, or these Terms.
· Use the Website to engage in any unlawful or fraudulent activity or any activity that infringes the rights of others.
· Submit, post, or transmit any content that is unlawful, defamatory, obscene, harmful, or otherwise objectionable.
· Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available.
· Use the Website to distribute unsolicited promotional or commercial content, spam, or other forms of solicitation.
· Impersonate any person or entity or misrepresent your affiliation with any person or entity.
· Engage in any activity that could harm or exploit minors.
· Use the Website for any commercial purpose without our prior written consent.
· Use any data mining, robots, or similar data gathering and extraction methods on the Website.
1.5 User Conduct
You are responsible for your conduct while using the Website. You agree to use the Website in a manner that does not:
· Violate the rights of others, including privacy, publicity, intellectual property, or contractual rights. Try to upload any confidential information of others included but not limited to security numbers, credit card data or any other information regarding someone in particular.
· Harass, threaten, or defame others.
· Upload or transmit viruses, malware, or other harmful software.
· Attempt to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website.
1.6 Monitoring and Enforcement
We reserve the right to:
· Monitor your use of the Website to ensure compliance with these Terms and applicable laws.
· Remove or refuse to post any content for any or no reason in our sole discretion.
· Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
· Terminate or suspend your access to the Website for any or no reason, including violation of these Terms.
Section 2: Website Content and User Content
The Website and all content are provided on “as is” basis without warranties of any kind, either express or implied, except where otherwise inapplicable or prohibited by law. We make no warranties and expressly disclaim any and all warranties of merchantability or fitness for a particular purpose, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy and/or completeness of any information on this Website. Yourcoachingcompanion.com/Your Coaching Companion LLC does not warrant that this Website and any information or material on the Website or any information or material downloaded from this Website, will be uninterrupted, error-free, omission-free or free of viruses or other harmful items.
We do not provide any kind of health advice or any kind of advice. The use or reliance of any information contained on this Website is solely at your own risk. Your Coaching Companion LLC, the website owner is not responsible for any losses, damages, or injuries that occur as a result of your actions using the information contain in the Website.
2.1 Ownership of Content on the Website
All content and materials available on “the Website”, including but not limited to content, text, information, design elements, graphics, logos, taglines, hashtags, photos, icons, videos, images, audio clips, digital downloads, data compilations, are the property of [Your Coaching Companion LLC] or its content suppliers and are protected by United States and international copyright laws.
The Website and its original content, features, and functionality are and will remain the exclusive property of [Your Coaching Companion LLC] and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
2.2 Use of Content
1. Permitted Use: You may view, download, and print copies of the materials on this Website for your personal, non-commercial use only, provided that you do not modify or alter the content in any way and you retain all copyright and other proprietary notices contained in the materials and do not remove it.
2. Prohibited Use: Except as expressly permitted above, you may not copy, reproduce, republish, upload, post, transmit, distribute, or use the content in any form or by any means without prior written permission from [Your Coaching Companion LLC].
3. If you use our content in any manner as described in the point number 2 of the section 2.2 or in any illegal situation as described in this agreement we have the right to act according the laws determines for the kind of actions that you perform.
2.3 Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on our Website.
• Your contact information, including address, telephone number, and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• 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.
2.4 Contact Information
For copyright inquiries, please contact at [yourcoachingcompanion@gmail.com].
2.5 User Content
You may be able to submit post, or display content on “the Website”, such as comments, feedback, or other information permitted by the Website if the information you submit are not illegal in any manner or injurious to third parties or us, objectionable or threatening. By submitting “User Content” any type of information or content you grant to us a worldwide, non-exclusive, royalty-free license to use, fully sub-licensable right to use, reproduce, modify, adapt, translate, perform, create derivate work, publish, distribute and display such content in any media. This grant doesn’t include the confidential information that we discuss in any coaching session services.
By you posting anything in our Website you give permission to us and sublicensee the right to use the name that you submit in connection with that content. By doing so you warrant that you own or control all the rights to the content that you post, that the content is accurate and does not violate this policy and will not cause injury to any person or entity and that you will indemnify Yourcoachingcompanion.com for any claims resulting from the content that you supply. Because of that Yourcoachingcompanion.com and Your Coaching Companion LLC is not responsible of your content and assume no liability toward it.
You agree that:
· You own or have the necessary rights to submit the User Content.
· The User Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party.
· The User Content does not contain any defamatory, obscene, or otherwise unlawful material.
· We are not responsible for the content or accuracy of any User Content and do not endorse any User Content.
· You can not use a false email address or impersonate someone else.
· Yourcoachingcompanion.com have the right but not the obligation to monitor or edit any activity or content.
Section 3: No Professional Advice
We provides information on the website for informational and educational purposes only. The information provided on the Website is general information and is not, and should not be, construed as, any kind of professional advice. You use this information at Your sole risk. VerveLuma Coaching or Your Coaching Companion LLC is not and will not be responsible or liable for Your reliance on the information. The information on the Website is not a substitute of any kind for any kind of professional advice. You are solely responsible for verifying the information as being appropriate for Your personal use.
Section 4: Scope of Services, Limitations, Guarantees and Confidentiality
4.1 Your Coaching Companion LLC offers career coaching services designed to support individuals in their career development and life coaching services, including but not limited to:
· One-on-One Coaching: Personalized sessions addressing specific career goals, challenges, and strategies.
· Group Coaching: Sessions with multiple participants focusing on common career themes and group dynamics.
· Workshops and Webinars: Educational sessions on career-related topics, skill development, and job market trends.
· Interview Preparation: Guidance and practice to enhance interview skills.
· Career Assessments: Tools and assessments to accompany clients understand their strengths, preferences, and career fit.
· Job Search Strategies: Accompany the clients on the identification of effective job search techniques, networking, and leveraging online platforms.
These services are designed to provide companion and support; however, they do not guarantee specific outcomes or results.
4.2 Service Limitations
Our services are not a substitute for professional advice or services in fields such as:
· Financial Advice: We do not provide investment, tax, or financial planning advice.
· Legal Advice: We do not offer legal counsel or representation.
· Psychological Counseling: We do not provide psychological, mental advise or treatment and we are not a substitute for mental health services or therapy.
· Medical Advice: We do not provide medical advice or treatment.
4.3 No Guarantees
While we strive to offer valuable companion and tools, we do not guarantee:
· Employment or job placement.
· Specific career advancement.
· Improvement in income or professional status.
· Any particular result or outcome from using our services, materials, content, or products provided by yourcoachingcompanion.com, Your Coaching Companion LLC.
Your success depends on various factors including but not limited to your effort, commitment, and market conditions. We do not take responsibility for the actions or decisions you make based on our services.
The Website content is for informational purpose only and not professional advice. Any communications through the Website doesn’t establish a coach-client(coachee) relationship.
We do not guarantee the accuracy, relevance, timeliness, or completeness of information on the Website.
4.4 Confidentiality
We are committed to maintain the confidentiality of any personal information shared during the coaching process. However, we may be required to disclose such information if:
· Legally Obligated: Required by law, regulation, or court order.
· Safety Concerns: Necessary to protect the safety and well-being of the client or others.
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement.
Section 5: Products, Services, and Prices Changes
5.1 Changes and Modifications on Products, Services or Prices
The Website reserves the right to modify, suspend, or discontinue any aspect of our products, services, or pricing at any time without prior notice. We may update product descriptions, specifications, and availability, as well as adjust service offerings and pricing structures as deemed necessary. These changes may occur due to market conditions, supplier changes, technological advancements, or other factors beyond our control. We strive to ensure that all information regarding products, services, and pricing is accurate and up-to-date, but we do not warrant that all such information is error-free. By continuing to use our products and services after any changes are implemented, you acknowledge and agree to accept those changes. Please check back periodically for updates to our offerings and pricing policies. For questions or concerns about changes to our products, services, or pricing, please contact us at yourcoachingcompanion@gmail.com.
5.2 Prices Modifications
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing, or placing an order over the Website, you authorize yourcoachingcompanion.com/Your Coaching Companion LLC to charge your account in the amount indicated for the value of the services you select, including any future price changes. It you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of yourcoachingcompanion.com services and Your Coaching Companion LLC, and unless you terminate your subscription as provided herein, you agree that yourcoachingcompanion.com/Your Coaching Companion LLC may charge your credit card monthly for the products and service you have selected.
Section 6: Order Placement, Acceptance and Payment
If you place an order for a service or product, payment must be received by us before we accept your order. We may request additional details if any required information is missing or incorrect and may cancel or limit the order at any time after it is placed. Your electronic or any other form of order confirmation does not constitute our acceptance of your order. To modify or cancel a pending order, you must contact us immediately. We cannot ensure that the cancellation will occur before payment is processed.
All items are subject to availability. We will notify you if an item is unavailable, provide the expected availability date, and may offer an alternative product or service. If a product or service is delayed and you do not wish to accept a substitute, we will cancel your order upon request and fully refund your payment card if previously charged. We reserve the right to limit the sale of our products and services to any person, geographic region, or jurisdiction, and may do so at our sole discretion on a case-by-case basis. Your purchase of products and services is contingent upon your reaffirmation of acceptance of this “Agreement”.
All prices for services listed on the Website are subject to change. All advertised prices and payments are in U.S. Dollars and do not include taxes unless otherwise stated. Payment for services must be made in advance unless otherwise agreed upon in writing.
Users can use credit cards, PayPal or another method specify by the Website to pay for an order. When placing an order online, you will need:
1. The billing address (where the card’s statement is sent),
2. The card number and expiration date and,
3. The three (3) or four (4) secure digit code from the card.
By providing credit card or other payment information, you represent and agree that:
1. You are authorized to use that card or account;
2. For subscription purchases, you will make all payments by the due date;
3. All provided payment information is accurate and complete;
4. You are responsible for any credit card fees, and
5. You have sufficient funds to cover the amounts due.
Payment details will be collected through our secure financial data collection system. You acknowledge and agree that we retain transaction data, including the last four digits and expiration date of the card used, and payment due dates.
You also agree that payments are due on a recurring basis according to the specific service’s payment terms (unless the subscription is canceled according to these Terms), and authorize the applicable payment collection for that service.
We and our third-party payment providers may request and receive updated credit card information from your card issuer, such as new card numbers and expiration dates. If such updates are received, we will update your account information and use the new details to process subscription payments. To opt out of your credit card’s updating service, please contact your card issuer.
We are not liable for any fees or charges imposed by your bank or credit card issuer. If your bank or issuer reverses a charge, we may bill you directly and seek payment through another method, including a mailed or email statement form.
We reserve the right to immediately terminate a user’s account and/or service for any unpaid subscription period, late or non-payment of services whether in whole or in part, with or without notice, we reserve the right to suspend or terminate access to the services.Termination does not relieve the user of any obligation to pay outstanding charges or expenses. If Yourcoachingcompanion.com/Your Coaching Companion LLC initiates collection processes, you will be responsible for all associated costs, including legal fees and expenses.
If you choose to stop using our services before the end of your billing cycle, you acknowledge that no refund will be provided for the remaining portion of the cycle, either partially or in full. You agree to contact us before filing any dispute or chargeback with your bank or credit card. Failure to use the service does not exempt you from payment obligations under these Terms.
All returns must be authorized within 10 days of receipt of shipment for a credit, less any applicable shipping charges. A 10% restocking fee will be assessed on returns. Please call to get a return authorization number before you send back the items. Authorized returns must be shipped within 10 days from return approval date to our shipping address. Unauthorized returns will be refused.
Section 7: Shipping Fees
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required.
Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
Section 8: Third Party Links and Affiliates
The Website may include links to third-party websites, services, or resources. These links are provided for your convenience and informational purposes only. The inclusion of any link does not imply endorsement by [Your Coaching Companion LLC] of the third-party Website or any association with its operators.
VerveLuma Coaching/Your Coaching Companion LLC may partner with other businesses and/or become part of one or more affiliate marketing program(s) whose products and/or services may be advertised or promoted on the Website in exchange for commissions, affiliate fees, referral fees, and/or financial rewards when You purchase those products and/or services through the affiliate links.
Verveluma Coaching/Your Coaching Companion LLC may also recommend or promote other products, services, persons and/or businesses, but such reference is not intended to be an endorsement and/or statement that such information provided is accurate. We recommends such products, services, persons and/or businesses based on personal experiences. However, it is at all times Your responsibility to conduct Your own research and due diligence to ensure You have complete and accurate information about such products, services, persons and/or businesses.
8.1 Third-Party Content and Liability
We do not control or guarantee the accuracy, relevance, timeliness, or completeness of information on third-party websites. By accessing third-party websites through links on our Website, you acknowledge and agree that [Your Coaching Companion LLC/yourcoachingcompanion.com] is not responsible or liable for:
• The content, products, or services offered on or through these external websites.
• Any damages or losses caused or alleged to be caused by the use of or reliance on any third-party content, goods, or services available on or through any third- party websites.
8.2 Terms and Conditions of Third-Party websites
You may be subject to different terms of use, privacy policies, and practices when you visit third-party websites. It is your responsibility to review the terms and conditions and privacy policies of these third-party websites before using them.
8.3 No Endorsement
Links to third-party websites do not constitute or imply an endorsement, sponsorship, or recommendation by [yourcoachingcompanion.com/Your Coaching Companion LLC]. We make no warranties or representations, express or implied, regarding the third-party content or the quality, safety, or suitability of any products or services offered on third-party websites.
8.4 Linking to Our Website
You may not create a link to any page of our Website without our prior written consent. If you do create a link to a page of our Website, you do so at your own risk and the exclusions and limitations set out in these terms of use will apply to your use of our Website by linking to it.
Please contact us at [yourcoachingcompanion@gmail.com] if you have any questions or need further information about third-party links on our Website.
Section 9: Testimonials, Reviews, and Pictures/Videos
Your Coaching Companion LLC/yourcoachingcompanion.com is very pleased to hear from our users and customers and welcomes your comments regarding our services and products. Because of that yourcoachingcompanion.com/Your Coaching Companion LLC may use your testimonials or product reviews not only as a milestone of achievement and continuing providing high quality services but to provide others with testimonials that confirms so. We can use your testimonial or reviews in part or as a whole with the name, title or the city that you provided. We can use in printed or in online media as our discretion correcting any grammatical error before publishing it. Please remember that we can use testimonials or reviews as we seem necessary but is not an obligation for us to do so.
Section 10: Changes to the Website
We reserve the right to modify or discontinue the Website or any part thereof at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any part thereof.
By using the Website, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, please discontinue using the Website immediately.
Section 11: Compliance with the Laws
As a Yourcoachingcompanion.com user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. §7701)), telemarketing laws (including the federal Telephone Consumer Protection Act(47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws.
You are entirely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and guarantee that you and all users of your account comply with such applicable laws at all times.You agree to indemnify and defend Your Coaching Companion LLC/yourcoachingcompanion.com from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Youcoachingcompanion.com relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware.
Section 12: Disclaimers of Other Warranties
The Website and all content are provided on “as is” basis without warranties of any kind, either express or implied, except where otherwise inapplicable or prohibited by law. We make no warranties and expressly disclaim any and all warranties of merchantability or fitness for a particular purpose, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy and/or completeness of any information on this Website. Vervelumacoaching.com/VerveLuma Coaching/Your Coaching Companion LLC does not warrant that this Website and any information or material on the Website or any information or material downloaded from this Website, will be uninterrupted, error-free, omission-free or free of viruses or other harmful items.
We do not provide any kind of health advice or any kind of advice. The use or reliance of any information contained on this Website is solely at your own risk. Your Coaching Companion LLC, the website owner is not responsible for any losses, damages, or injuries that occur as a result of your actions using the information contain in the Website.
We provides information on the Website for informational and educational purposes only. The information provided on the Website is general information and is not, and should not be, construed as, any kind of professional advice.
We do not represent or warrant and expressly disclaim that the use of the Website or any software will be secure, timely uninterrupted or error free, or operate in combination with any other hardware, software, system or data; or that the Website, software or services will meet your requirements or expectations; any store data will be accurate or reliable; the quality of any products, services software, information or other material purchased or obtained by you through the Website will meet your requirements or expectations; errors or defects on the Website will be corrected or; the Website or the server(s) that make the Website available are free of viruses or other harmful components.
Section 13: Limitations of Liabilities and Dispute Resolutions
Except where inapplicable or prohibited by law, VerveLuma Coaching/Your Coaching Companion LLC/vervelumacoaching.com and its officers, directors, shareholders, employees, independent contractors, and providers shall not be liable for any indirect, special, incidental, exemplary, consequential, punitive, or other damages, fees, costs, or claims arising from or related to this agreement, the privacy statement, the services or products, or the use or attempted use of the Website or any software, service, or product by you or a third party, even if vervelumacoaching.com/VerveLuma Coaching/Your Coaching Companion LLC has been informed of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, substitute services or products, or other indirect, special, incidental, punitive, or consequential damages. This limitation applies regardless of the manner in which the damages are allegedly caused and under any theory of liability, including breach of contract, tort, warranty, or otherwise.
You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the coaching services or the Website, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service and/or any other content or information accessible through the Website.
Vervelumacoaching.com can provide links to other websites but doesn’t assumes any responsibility for the content or functionality of any of those websites to which we provide a link.
You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Section 14: Dispute Resolutions and Waivers
Except where prohibited by law you and your business agree that any claim that you or your business may have in the future must be resolved through final and biding confidential arbitration. You acknowledge and agree that you are waving the right to a trial by jury. You agree that you only bring a claim in an individual capacity and not as a plaintiff or class member and you agree that the arbitrator can’t consolidate proceedings in a in any form of class proceeding. Any court review of an arbitration award is limited, however an arbitrator can award on an individual basis the same damages and relief as a court and must follow this terms as a court would.
By using the Website you understand that you and your business have the right to litigate through a court, to have a judge or jury decide your case and to be part of a class action in case of necessity but you agree to have any claims decided individually and only through binding, final and confidential arbitration in accordance with this arbitration provision.
If you have a complaint, dispute, or controversy, you agree to first contact us at info@vervelumacoaching.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in the sections below. The arbitration will be conducted by a single neutral arbitrator in the English language in United States Jurisdiction, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA.
The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration.The AAAs Rules are available at www.adr.org or by calling 1-800-778-7879.
Section 15: Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless vervelumacoaching.com and VerveLuma Coaching/Your Coaching Companion LLC, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to your use, misuse, or attempt to use the Website, software, products, or services, information you submit or transmit through the Website, your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or your violation of any law or the rights of a third-party.
Section 16: Termination
If we determine as our discretion that you fail in any part of this agreement with us or violated any law related we may terminate the Agreer or suspend your access to the Website at any time without further notice to you.
Section 17: Agreement Disclaimer
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
1. Legal Incongruence: If any provision of the Agreement, or any part thereof, is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision or part shall be deemed modified to the extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the offending provision or part shall be deemed severed from the Agreement, and the remaining provisions shall continue in full force and effect.
2. No Waiver: The failure of any party to enforce any provision of the Agreement or exercise any right or remedy provided under the Agreement or by law shall not be deemed a waiver of such provision, right, or remedy, nor shall it prevent or limit the future enforcement of any provision of the Agreement.
Severability: If any provision of this Agreement, or the application thereof to any person, entity, or circumstance, is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unforceability shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. The Parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.
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