TRUE EVOLUTION COACHING INC.
TERMS AND CONDITIONS OF USE for “YOU’RE NOT THE ONLY ONE”
Thank you for your interest in purchasing the “You’re Not the Only One” DIY course (hereafter referred to as “The Course”). Before you can purchase The Course, you must agree to these Terms and Conditions of Use (“TOU”). Please read these TOU carefully before indicating your agreement. If you do NOT agree with these TOU, you should not purchase in The Course.
As used in these TOU, the term “Releasees” is defined to include the following: (i) True Evolution Coaching Inc., its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Marie Murphy.
The Course includes instructional videos and downloadable worksheets, available through the online Course portal.
If you wish to purchase any other products, programs, or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
The Course is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in The Course may not be appropriate for children. The Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
You agree to pay all fees immediately upon registering for The Course.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received when due, the Company reserves the right to terminate your access to The Course and all Content, as defined below, immediately and permanently.
If you fail to make any payment in a timely manner, you will remain fully responsible for the full cost of The Course. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
The Company reserves the right to adjust The Course offerings or pricing at any time, in its sole discretion.
Your satisfaction with The Course is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing The Course we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment and no refunds will be provided to you at any time. By using and/or purchasing The Course, you understand and agree that all sales are final, and no refunds will be provided.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access to The Course without notice and without refund.
Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing your purchase of The Course, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
The Company is not legally bound to keep your information confidential. Nevertheless, we take your privacy very seriously and the Company agrees to keep all information about your participation in The Course confidential except when disclosure is required by law or legally mandated (for example if a court issues a subpoena for information, or if you threaten to harm yourself or others).
It is also important for you to know that coach-client relationships are not subject to the same legal protections as doctor-patient or therapist-client relationships. Although the chances of this happening are slim, if we were to be subpoenaed, the Company could be legally compelled to provide testimony about your participation in The Course.
You agree to keep all information you learn about other clients strictly confidential except in very rare circumstances where disclosure is required by law.
You agree that the Company shall not be liable for the disclosure of any of your information by another Company client.
- Intellectual Property Rights
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host The Course, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
- The Company’s Limited License to You
If you view, purchase or access The Course or any of the Content, you will be considered our licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, listen to, download, print, and use any Course materials for your own personal purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from The Course or any Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using The Course or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property.
You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies. Any unauthorized use of any materials found in The Course or Content shall constitute infringement.
You must receive our written permission before using any of The Course or Content for your own commercial use or before sharing with others.
You are granted lifetime access to the Content, for the life of The Course only. This means you will have access to any You’re Not the Only One course materials or trainings within the course library, provided your account is in good standing, for as long as the Company continues to host and provide access to the content you have purchased.
The trademarks and logos displayed in The Course or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your use of any materials found in The Course or any Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for The Course in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
- Your License to the Company; Use in Testimonials and Marketing
By posting or submitting any material during your use of The Course such as feedback, comments, posts, photos, designs, graphics, images, or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least eighteen (18) years old.
You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display these items, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, including commercial purposes and advertising, and grant the Company the right to make it part of the Company’s current or future website and Content. The Company will make reasonable efforts to protect your identity in all such cases, and will not reveal your full name, unless you otherwise agree. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use these contributions from you and that we may cease the use of these items at any time for any reason.
This means you give us permission to use anything you submit while enrolled in The Course (like your feedback), including as a testimonial, but we won’t include your full name in the testimonial unless you allow that.
- Request for Permission to Use the Content
If you wish to use any of our Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by completing the “Contact” form on the website, or by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in The Course and Content.
You agree to treat all representatives of True Evolution Coaching, Inc., with courtesy and respect at all times.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to Company representatives
- Causing damage to any Company website
- Using any Company website for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website
- Sharing private and proprietary information from other clients with anyone else
- Using discriminatory speech, hate speech, comments, or actions about or against another client based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in The Course and your access to the Content without refund.
The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s website. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
To access certain features of The Course, including any private client areas, you will need a username and password. It is your responsibility to inform the Company if you do not receive an email containing your password to access The Course. You may inform the company of this via the email address [email protected]. You agree to keep your username and password confidential. During the registration process, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from The Course to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of The Course or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
Just so we’re really clear about this: this means you cannot give someone access to ANYTHING within The Course. If you think someone would benefit from any of the Content with The Course, that person must purchase their own membership.
The Company reserves the right in its sole discretion to refuse or terminate your access to The Course and Content, in full or in part, at any time without advance notice. The Company may terminate your participation in The Course at any time, without refund, if you breach any part of these TOU. In the event of termination, you are no longer authorized to access The Course or Content. The restrictions imposed on you in these TOU with respect to The Course and its Content will still apply now and in the future, even after termination by you or the Company.
If you would like to have your account deleted, email [email protected] to make this request.
- Personal Responsibility, Assumption of Risk, Release, Disclaimers
- You are voluntarily participating in The Course and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
- Your participation in The Course does not establish a counseling relationship or any other type of professional relationship between you, the Company, or anyone providing services on behalf of the Company.
- The Course and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of The Course or Content prevents, cures or treats any mental or medical condition. The Course and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in The Course.
- You agree that you will not use The Course as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to participate in The Course.
- You acknowledge that, by engaging with the Company for The Course , you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in The Course, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for The Course.
- Results Disclaimer: You agree that Company has not made and does not make any representations about any results you may receive as a result of your participation in The Course. The Company cannot and does not guarantee that you will achieve any particular result from your participation in The Course, and you understand that results differ for each individual.
- Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
- The Company tries to ensure that the availability and delivery of The Course and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
- THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE COURSE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE COURSE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COURSE, INCLUDING ITS CONTENT, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE COURSE.
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties
not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
These TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to its conflict of laws principles. The state and federal court nearest to San Francisco, CA shall have exclusive jurisdiction over any case or controversy arising from or relating to The Course or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using The Course or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
- Users Outside United States
The Company controls and operates The Course from offices in the United States. People who choose to access The Course from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of The Course or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on The Course or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The Company shall not be deemed in breach of this TOU if the Company is unable to provide The Course or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability or delay in providing The Course and shall propose revisions to the schedule for completion of The Course or other accommodations or may terminate this TOU.
The Company may modify this TOU at any time and will notify clients of any modifications via email. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This is the entire agreement and reflects our complete understanding with respect to your participation in The Course. This TOU supersedes all prior written and oral representations.
By clicking on the “I agree to these TOU” box when signing up for this course, you are providing the electronic equivalent of your signature and assert that you have read, understood and agree to this entire document. If you do not agree with these TOU, do not purchase or use the course or our content.
Updated on January 2, 2024.