“this agreement is further governed by the attached terms and conditions.”
Terms & Conditions
These terms and conditions are an integral part of the agreement between Authentiquity, LLC (hereafter referred to as "Authentiquity,” "us," "we," "our," etc.) and you the customer (hereafter referred to as "you," your," etc.). By engaging our services, you agree to be bound by these terms and conditions.
1. Our Fees and Billing. You have entered into a binding agreement for a certain digital product, and upon entering into that agreement you are obligated to complete payment for all agreed fees regardless of whether you choose to complete the course or not, as there are no refunds or cancellations. Notwithstanding the foregoing, if we are unable to provide/perform our coaching session or digital product through no fault of yours, you will be issued a prorated refund or credit based on the number of sessions/products that we were unable to provide. If you are enrolled in a payment plan and become delinquent in payments, we reserve the right to withhold provision of services until your account is in good standing.
2. Governing Law; Venue. This agreement shall be governed by the laws of the State of Florida without regard to conflict of law principles. Any legal action filed in connection with this agreement shall be in the federal and state courts governing the jurisdiction of FT Myers, Florida. In the event legal action is taken by us to collect unpaid fees owed by you, you agree to reimburse us for any legal, court, or other collection costs and fees, including reasonable attorney fees, incurred by us in connection with the same.
3. Disclaimer of Representations & Warranties. You acknowledge that we make no representations, guaranties or warranties (express or implied) regarding our services or your potential results that will or may be achieved as a result of our efforts. We do not provide financial, tax or legal advice, and no services or communications from us should be interpreted as financial, legal or tax advice, all of which advice you should obtain from your own accountant, attorney or other professional advisor(s).
4. Limitation of Liability. You agree that we will not be liable for any damages to you or to any other third party, whether in contract, tort, common law, statutory, warranty, or other legal theory or otherwise, for any special, indirect, consequential, incidental, liquidated, or punitive damages, arising from your use of our services or from your downloading/viewing any of our digital products. By subscribing to our services you agree to indemnify and hold us harmless of and from any and all liability, costs or fees we may incur from third parties as a result of your use of our services. In no event shall our total liability to you under any circumstances exceed the total amount of fees you have paid us for our services.
5. Privacy Policy. We may request certain personally identifiable information from you prior to providing services to you, and/or prior to you registering for some related service offered by our website (i.e., newsletters, promotions, sweepstakes, etc.). The following terms and conditions shall apply to our collection, use and storage of your personal information:
a) Any personally identifiable information we may collect from you may be used by us to (i) perform the services anticipated by your subscription, (ii) to convey information to you that may be targeted to your interests, (iii) perform market research, internal planning and quality control, or to enforce our rights, (iv) analyze our website usage and/or improve our marketing and promotional efforts, (v) comply with any local, state or federal laws, or to comply with any order of law enforcement or any court of competent jurisdiction, and (vi) perform any other use or task described to you at the time such information is collected.
b) We will not sell your personally identifiable information or disclose it in a personally identifiable manner to others without your consent, but you agree that we may aggregate such information and disclose it in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. You further acknowledge and agree that we may provide your information to other third parties for whom you have given consent for us to share your information (i.e., by opting in or responding affirmatively to some query or offer we have sent you for such third party's services).
c) In the event of a sale, acquisition, merger, reorganization in bankruptcy, or other transfer (a "Transfer") of all, or substantially all, of our business, we reserve the right to share information collected as needed or desired to accomplish such a Transfer.
d) Information submitted by you to us will be password protected for your privacy and security, and we will use industry-standard methods to further protect data. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages caused by such unauthorized person's ability to view, use or disseminate such information, except to the extent caused by willful misconduct by us.
6. Modifications. These terms and conditions, our website, and the scope of our services may be modified from time to time by us, and you agree to be bound by any such modifications as the same pertain to you and your account from and after the time such modifications are posted to our website.
B. By you: You may pause your course usage due to illness, family emergency, or vacation for a period of one month. To schedule a pause in coaching, you must first notify [email protected], in writing, at least two weeks before the desired pause starts, except in the case of emergency. This pause allows you to skip a monthly payment, but it does not affect your payment schedule.
4) YOUR PAYMENT DETAILS
You’ve agreed to pay what is stated at checkout USD in total.
If you would like to change your card information, please email [email protected] at least 48 hours before your payment date.
If your automatic payment fails for any reason, you will have 10 days to update your card information or ask us to re-run the payment.
After 10 days without a successful payment, your payment will be deemed late. In the event of a late payment, the charges will accrue as follows:
Up to 30 days Past Due: A single 7.5% late fee added to the total amount owed for that invoice.
After 30 days Past Due: We will cease all services and this contract will be placed “on hold” until you have paid the total amount owed plus all applicable late fees. If you wish to continue working together after Past Due payment is received, a new and updated contract will be signed subject to program availability.
5) ON RESULTS, REFUNDS, AND RELATIONSHIPS
This coaching relationship is a place to openly bring your challenges, ideas, and goals. Mike’s focus is to help you make more progress toward these goals than you would make on your own. His role is that of a coach, consultant, and thought partner. Mike agrees to readily offer his guidance to ensure that you are focused on the right things.
You agree to give 100% to this coaching relationship, knowing that you are ultimately responsible for your results. Because of this, no refunds will be given at any point.
Relationships are built on communication. If you ever feel that you are not getting what you signed up for, please communicate that directly to Mike so that he can make reasonable adjustments. Mike may also provide you feedback during the program in an effort to help you maximize your investment.
Of course, Mike does not provide professional therapy, legal advice, or tax advice.
6) INTELLECTUAL PROPERTY RIGHTS AND ATTRIBUTION
All program materials and other communications, will remain the sole property of Authentiquity, LLC, subject to your rights to a non-assignable single-user license to use in your coaching business upon payment in full of the program fee.
You shall not reproduce any of the materials without Mike’s prior written consent given at his sole discretion. In all cases, you shall attribute the material to Authentiquity LLC.
You grant Mike perpetual permission and license to use quotes you make during and after the program without compensation, as long as you have first given your written consent of usage. At the end of your contract period, you will have the opportunity to create a client case study. This allows us to improve our service and share your story with others.
7) WHAT HAPPENS IN THE CASE OF A DEFAULT OR DISPUTE
We agree that, with respect to monetary damages for uncured breach of this Agreement by Authentiquity, LLC, damages are difficult to ascertain with certainty. Therefore, the parties hereto agree that the maximum recovery, if Authentiquity, LLC is found to be in default in the performance of the terms of this Agreement, whether in contract, tort, or otherwise, shall not exceed 100% of the total compensation paid for the program. Under no circumstances shall Authentiquity, LLC be liable for consequential or special damages. Violations of intellectual property rights under this Agreement may be remedied by equitable relief such as an injunction.
In the event of any dispute arising hereunder among the parties, and if the same is not settled within thirty (30) days, then either party may demand that the dispute be submitted first to confidential mediation in accordance with the Rules of the American Arbitration Association, or an ADR provider mutually agreed upon by the parties (“AAA”) for commercial disputes then in effect, with the mediator selected by AAA. If said mediation fails to resolve the dispute within thirty (30) days after said election, then the dispute shall be submitted for a confidential binding decision to an arbitrator selected by AAA. The parties to the dispute shall proceed with expedited arbitration in accordance with the Rules of the AAA for commercial disputes then in effect, and the decision may be enforced by a court proceeding. The parties shall each bear equally the cost of the mediator or arbitrator conducting the proceedings which shall be held in the headquarters city of Authentiquity, LLC. Nothing herein shall be construed as eliminating the right of a party to bring an action for injunctive relief.
8) MISCELLANEOUS
If any provision of this Agreement or any portion thereof shall be held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements between the parties. This Agreement can only be modified by an instrument signed by both parties. The captions herein are for convenience only. This Agreement shall not be interpreted against the drafter. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel compliance with every provision of this Agreement. Electronic signatures shall be considered originals. This Agreement shall be governed by the laws of the state of Authentiquity, LLC’s headquarters.
These provisions shall survive termination of this Agreement.
9) CONCLUSION
Working with you is a privilege. There are many Life coaches out there to hire and many ways to invest your time. We are honored that you chose us.
If you agree to all of the above, please proceed to purchase your course and this agreement is then legally binding.