General Website Terms and Conditions
These Terms govern your access to, usage of all content, Product and Services available at https://jossiehaines.com website (the “Service”) operated by Jossie Haines Consulting (“us”, “we”, or “our”).
Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
Intellectual Property
The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Jossie Haines Consulting and its licensors.
Third Party Services
In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).
If you use any Third Party Services, you understand that:
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
- You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.
Accounts
Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
Termination
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your Jossie Haines Consulting account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Jossie Haines Consulting and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Jossie Haines Consulting, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of USA.
The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in USA.
Changes
Jossie Haines Consulting reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms.
If you are joining the Leadership Impact Lab, please see the Terms & Conditions below. These Membership Terms apply in addition to the General Website Terms above. In the event of a conflict, the Membership Terms prevail.
Leadership Impact Lab for Engineering Leaders Membership Terms & Conditions
This Membership Terms of Service (the “Agreement”) is between You, the user, and Jossie Haines Consulting (“Jossie Haines”, “Business” “Our” or “We” interchangeably), regarding your enrollment in the The Leadership Impact Lab for Engineering Leaders (the “Membership”) – a digital community and group coaching program for engineering leaders.
You are encouraged to read this Agreement carefully and fully to create clarity of our respective roles and expectations while in the Membership, and to set You up for a positive, productive, and results-driven community.
1. PURCHASING TERMS: If you elect to access any component of the Membership for which there is a fee (or an upgrade to your existing fee), you agree to pay all fees and charges associated with such service, via your account, at the time of enrollment. All such fees and charges (including any taxes and late fees, as applicable), will be automatically charged to the billing method saved to your account. All payments are processed through Stripe.
1.1 AUTO-DEBIT: You agree that Jossie Haines is authorized to, on a recurring basis on the same day of each month of the membership, automatically charge the account You specified, for the auto-debit plan You enrolled in. You understand and acknowledge that (1) Jossie Haines will initiate transfers/charges pursuant to this authorization, and may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Jossie Haines cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) Jossie Haines is not responsible for any bank overdraft fees that may occur.
1.2. REFUND POLICY, CHARGEBACK POLICY: All sales are final and Jossie Haines does not offer refunds for any portion of your payment for the Membership. You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.
1.3 UPGRADE, DOWNGRADE: You may upgrade or downgrade at any point in the Membership. If you choose to upgrade, your account will be charged for the upgrade amount at the time of upgrade. If you choose to downgrade, your downgraded price will be reflected in your next billing cycle; there are no pro-rata refunds for downgrading mid-subscription cycle.
2. MEMBERSHIP CANCELLATION: Membership will continue to renew each month until cancelled by You in your account. When You cancel prior to the next billing date, You still maintain access to the Membership through the end of your billing cycle; there are no partial refunds for pro-rata use of a Membership. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.
2.1 POST-CANCELLATION ACCESS: Upon cancellation, your access to Slack channels, the Membership site, and all Membership materials will terminate at the end of your final paid billing cycle. You are responsible for downloading or saving any materials you wish to retain prior to your access ending. Jossie Haines is not responsible for providing access to materials after your Membership has ended.
2.2 MID-CYCLE ENROLLMENT: If you enroll mid-month, your first billing cycle begins on your enrollment date and your Membership Period will run from that date each month (e.g., if you enroll on the 15th, subsequent billing will occur on the 15th of each month). There are no pro-rated fees for mid-month enrollment.
3. MEMBERSHIP SERVICES
3.1 STANDARD MEMBERSHIP BENEFITS: All Members shall receive access to the following Services:
Twice-monthly office hours/group coaching sessions Access to the Members-only Slack community Peer support and networking opportunities 3.2 PRIVATE TRACK MEMBERSHIP BENEFITS: Members enrolled in the Private Track tier shall receive all Standard Membership Benefits plus:
One (1) thirty-minute individual coaching call per 30-day Membership Period Access to private Slack channel with support available Monday through Thursday The individual coaching calls must be scheduled and completed within the Member’s active Membership Period and do not carry over to subsequent Membership Periods. Unused coaching calls expire at the end of each 30-day Membership Period with no refund or credit. Members must provide at least forty-eight (48) hours advance notice to reschedule coaching calls. Late cancellations or no-shows will result in forfeiture of that Membership Period’s coaching call. Exceptions may be made for documented emergencies at Jossie Haines’ sole discretion.
3.3 OFFICE HOURS SCHEDULING: Jossie Haines will utilize best efforts to host live events at times best serving the most members as possible, but cannot guarantee that your desired time or day will be accommodated.
3.4 ACCESS TO JOSSIE HAINES:
3.4.1 STANDARD MEMBERSHIP: The Slack community is intended primarily for peer-to-peer support and networking among Members. Jossie Haines may participate in community discussions when available, but Standard Members should not expect guaranteed daily access to or responses from Jossie Haines in the community Slack channel.
3.4.2 PRIVATE TRACK MEMBERSHIP TIER: Private Track Members will have direct access to Jossie Haines via their private Slack channel Monday through Thursday. Jossie Haines will make best efforts to respond to Private Track Member messages within forty-eight (48) business hours, and typically responds within twenty-four (24) hours.
3.4.3 PROFESSIONAL BOUNDARIES: All Members are asked to keep their engagement with Jossie Haines respectful to other Members. Members who request services outside the scope of the Membership may respectfully be directed to purchase additional or alternative support.
3.5 OFFICE HOURS CANCELLATION AND RESCHEDULING: Jossie Haines reserves the right to cancel or reschedule office hours or group coaching sessions due to illness, emergency, or unforeseen circumstances. Reasonable efforts will be made to provide alternative dates or recorded sessions when possible. No refunds or credits will be issued for cancelled sessions.
4. ACCESS OF DIGITAL PRODUCTS AND SERVICES: After subscribing to the Membership, You will be able to access the products and services of the Membership from your account in Slack and the Membership site. It is solely your responsibility to ensure your computer and network systems are compatible to work with Slack, Notion, and any other hosting platforms utilized by the Membership. Jossie Haines is not responsible for technical difficulties that prevent your access to the Membership.
5. COMMUNITY FORUM: By participating in the community, you commit to: (a) learning, networking, and supporting other leaders; (b) respecting your peers, maintaining a positive environment, and contributing to the collective growth; (c) upholding the Leadership Labs community standards, including no direct sales or solicitation. Requesting feedback and other collaborative support activities are encouraged as part of our mission.
While we encourage a respectful and supportive environment, Slack and the community forum is not a confidential space. Users are advised to exercise caution when sharing personal information. You are solely responsible for the information You share within the Membership. Any information shared within the forum is provided voluntarily by You, with no expectation of privacy or anonymity. Jossie Haines does not verify or endorse any claims, advice, or recommendations made by other users; You are encouraged to heed advice and recommendations by other participants and consult with qualified professionals. As such You assume full responsibility for any actions You take based on shared content.
5.1 COMMUNITY GUIDELINES: You agree to engage in all community spaces, forums, sessions, communications, and events in a respectful, courteous, and professional manner. You shall not engage in behavior that is disruptive, antagonistic, or detrimental to the experience of others, at the sole discretion of Jossie Haines.
Jossie Haines has a strict zero-tolerance policy for discrimination, harassment, or abusive conduct of any kind in the Membership and reserves the right, in their sole discretion, to moderate, remove, or restrict access to content that violates community guidelines. No refunds shall be issued in the event of termination due to a violation of these community standards.
5.2 NO UNAUTHORIZED COMMERCIAL ACTIVITY: You shall not use the Membership or associated communication channels, such as community forum, to promote, advertise, or solicit sales of any goods, services, programs, or other commercial offerings.
5.3 DISCLAIMER OF LIABILITY: While we encourage a respectful and supportive environment, we remind you that the community forum is not a confidential space. You are advised to exercise caution when sharing personal, financial, and/or proprietary information. Jossie Haines does not verify or endorse any claims, advice, or recommendations made by other users; you are encouraged to heed advice and recommendations by other participants and consult with qualified professionals. As such You assume full responsibility for any actions you take based on shared content.
Jossie Haines is not responsible for any consequences arising from your sharing of, use of, or reliance on information exchanged within the community forum, including any unauthorized use or sharing of your information by other users.
By engaging in the community forum, You acknowledge that (a) You are solely responsible for your interactions, contributions, and reliance on any shared information; and (b) You are responsible for any relationships and interactions with other membership online and offline which You engage; (c) Jossie Haines is not responsible or any loss, damage, injury, emotional distress, or other adverse outcomes that may result from any such interactions; and (d)
Jossie Haines is not responsible for resolving disputes between Members and is under no obligation to become involved in any way.
6. MEMBER SUBMISSIONS AND CONTENT
6.1 OWNERSHIP: Members retain all ownership rights to any content, materials, ideas, feedback, questions, or other information they create, submit, post, or share within the Membership, including in Slack channels, group calls, or other community forums (collectively, “Member Content”). Jossie Haines does not claim any ownership rights to Member Content.
6.2 USE AND SHARING OF MEMBER CONTENT: Jossie Haines will not share, republish, or use any identifiable Member Content outside of the Membership without the Member’s express written permission. However, Jossie Haines reserves the right to share anonymized success stories, testimonials, or case studies that do not identify individual Members.
6.3 COMMUNITY SHARING: Members acknowledge that content shared in group settings (including but not limited to group coaching calls, office hours, and the Slack community) will be visible to other Members. While Members are encouraged to respect each other’s privacy, Jossie Haines cannot guarantee confidentiality of information shared in group settings.
6.4 MEMBER RESPONSIBILITY: Members are solely responsible for any content they provide, including compliance with applicable laws, and should exercise discretion when sharing personal or sensitive information in group settings.
7. SINGLE-USER, NON-COMMERCIAL LICENSE; PASSWORD PROTECTION: The Membership is made available to you on a limited, personal single-user, non-commercial, non-transferable license granted to the individual who subscribed to the Membership only. To access certain features of the Membership (Slack, Notion, the Membership Website), You will need a username and password. You agree to keep this information confidential and not share it with anyone else. If Jossie Haines has reasonable grounds to suspect that You have shared your login credentials with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, Jossie Haines has the right to suspend or terminate Your account and refuse all current or future use of the website, without refund.
Excessive usage includes, but is not limited to: sharing login credentials, simultaneous logins from multiple IP addresses, or usage patterns inconsistent with a single user. Excessive usage of the Membership will be assumed by Jossie Haines to be fraudulent use, and your account will be immediately canceled without a refund.
8. NO GUARANTEED OUTCOMES: You understand that participation in the Membership does not guarantee, promise, or warrant any particular outcome, result, level of success or financial gain. The Membership is intended to provide education, guidance, and support; however the effectiveness is inherently subjective and depends on numerous factors outside of Jossie Haines’ reasonable control, including, without limitation, your personal circumstances, choices, action, commitment, and effort. You understand that Jossie Haines makes no guarantee,
representation or warranty of any nature or kind that this Membership will be effective or will result in any particular outcome. You agree that You will not hold the responsible, in whole or in part, for any result that You do or do not achieve.
9. INTELLECTUAL PROPERTY: All content included in the Membership are the sole and exclusive property of Jossie Haines and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. The Membership content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy,
sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Membership or Membership materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without our prior written permission.
9.1 COPYRIGHTED CONSENT: The Membership contains proprietary and copyrighted material owned by Jossie Haines and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and Jossie Haines may prosecute such misconduct to the fullest extent permitted by law.
10. TERMINATION AND ACCESS RESTRICTION: Jossie Haines, in their sole discretion reserves the right to terminate this Agreement and your enrollment in the Membership, in the event of (a) a material breach of this Agreement, or (b) misconduct violative of Jossie Haines general community standards. If Jossie Haines terminates this Agreement, the
financial obligations of this Agreement may be revisited and reassessed, however all other terms of this Agreement remain.
11. TESTIMONIAL RELEASE: You grant Jossie Haines, its representatives, employees, agents and/or assigns the right to solicit and share an approved, written or video testimonial, created by You, following your completion of the Membership. You understand that You have the right to decline sharing a testimonial, and your participation will not impact the services You receive in the Membership.
12. EMAIL COMMUNICATIONS: You understand that by creating an account, purchasing the Membership, or otherwise providing your contact information, you consent to, from time to time, receive email communications from the Company related to the Membership and related services, and your participation and engagement with any of the above including but not limited to announcements, administrative messages, and marketing or promotional emails. By
agreeing to these Terms and providing us with your email address, you give Jossie Haines permission to email you at the address on file. You may opt out of marketing emails at any time by using the unsubscribe link provided in the email. Note that transactional or service-related emails may still be sent even if you opt out of marketing emails.
13. AGE REQUIREMENT: You must be at least 18 years of age to enroll in the Membership. By enrolling, you represent and warrant that you meet this age requirement.
14. FORCE MAJEURE: In the event that any cause beyond reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Jossie Haines to perform the responsibilities or obligations under this Agreement, including internet shortage, they are not be liable for a reasonable delay or for the inability to indefinitely fulfill the responsibilities and obligations.
15. PRIVACY POLICY: Jossie Haines respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
16. MODIFICATION OF TERMS: Jossie Haines reserves the right to modify these Terms at any time. Members will be notified of material changes via email at least thirty (30) days prior to implementation. Continued use of the Membership after notification constitutes acceptance of modified Terms. It is your responsibility to review these Terms periodically.
17. GOVERNING LAW; DISPUTE RESOLUTION: This Agreement shall be construed according to the laws of the County of Santa Clara in the State of California. Should the parties have any differences, it is hoped that they could work them out amiably through e-mail correspondence. However, if the Parties are unable to seek resolution within fourteen (14) days, they agree that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both parties, unless they both agree otherwise in writing.
You understand and agree that through arbitration, the arbitrator may only award equitable relief and cannot award monetary damages, refunds, or any other financial remedy beyond what is expressly stated in this Agreement. The parties both agree that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in the County of Santa Clara in the State of California where Jossie Haines’ principal place of business is located.
18. SEVERABILITY: If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
19. ENTIRE AGREEMENT: This Agreement, together with the Privacy Policy incorporated by reference, constitutes the entire agreement between you and Jossie Haines regarding the Membership and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Term:
The program is a minimum three-month commitment, starting on the agreed-upon date.
If the Coach is unavailable for any reason (e.g., holidays or illness), the Coach will communicate this in advance and the terms of the program will be extended by the unavailable time period.
The Coach takes 2 weeks off at the end of December/beginning of January for winter holidays. Any programs during this time will be extended by 2 weeks.
Payment Options:
Upfront Payment: Pay for the full three months at the time of registration. ($2691) Monthly Payment Plan: Pay in three equal installments of $897, due on the same day each month. Additional months beyond the first three can purchased on a monthly recurring basis. By selecting either option, you commit to signing up for at least three months of the program.
Late Payment:
Client must pay Company pursuant to the terms above. In the event payment is more than 72 hours late, the Program will be automatically terminated and no refund will be provided.
Refund/Multiple Payments:
Company does not offer refunds. Client agrees to pay the total amount due pursuant to above Payment options.
If payment is to be made in multiple payments, and Client becomes unsatisfied with the services or products after providing partial payment, Client agrees to pay the total fee agreed upon. If Client becomes unsatisfied with Company’s services or products, Client is still required to pay the total due outlined in “Payment options”.
Client’s Participation:
Client agrees to participate in the following way: participation on all check-ins as designed by joint agreement between Client and Company and completing homework activities as agreed jointly by Client and Company on Slack.
Confidentiality:
Any information discussed or any information either party comes to know during Company and Client’s working relationship is confidential. This does not include information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Company.
Confidential information may be shared if and only if waived by both parties in writing.
Intellectual Property:
Company reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation in the Program covered in this Agreement. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes. Client understands that claiming Company’s materials as their own is a violation of intellectual property rights.
Non-Disparagement
Both Parties agree to not take any actions, make any statements, whether oral or in writing, that negatively impact the other party’s business, services, products, or reputation.
Assignment:
This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.
No Guarantees; Disclaimer:
NO GUARANTEES: Company makes no guarantees about the results Client may obtain from working with Company. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which are not to be relied upon to predict results in Client’s specific situation. The results Client experiences will be dependent on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate.
NOT PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE: At no time should any of Company’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Company’s services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.
NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.
EARNINGS DISCLAIMER: Any information provided by Company regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. Company may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in Client’s specific situation. Financial outcomes depend on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate. Client agrees that Company is not responsible for Client’s success, or lack thereof. Client’s reliance on any information provided by Company is done so at Client’s own risk.
Warranties:
Both Company and Client warrant that they have full authority to enter into this Agreement. Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
Whole Agreement:
This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous oral agreements and written agreements including but not limited to conversations, messages, emails, and negotiations.
Modification; Waiver:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. In order to make the waiver binding, the party making the waiver must execute it in writing. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
Severability:
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
Limited Liability:
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notices:
All notices and communications required or permitted under this Agreement should be made to the Company at [email protected] and to the Client at the e-mail address provided during enrollment in the Program. Should the Client’s e-mail address or contact information change at any time throughout the course of the Program, it is the Client’s responsibility to provide new contact information within 72 hours of any such change
Dispute Resolution; Costs and Fees; Applicable Law/Venue:
Client and Company will do their best to work out any differences through a phone conversation or via email. However, should a dispute ever arise, Parties agree to submit to binding arbitration before a single arbitrator, selected jointly. Prior to seeking arbitration, Client must submit its complaint to Company with full details about the dissatisfaction with the Program via e-mail to [email protected]. Client understands that the only remedy that can be awarded to Client through arbitration is a full refund of Client Payment made to date. No award of consequential or of any other type of damages may be granted. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement, Client agrees to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted in an e-mail or shall otherwise be forfeited forever. Arbitration will be held in Santa Clara County, CA, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
This Agreement shall be governed by and construed in accordance with the laws of California and the courts of Santa Clara County shall be the sole forum for resolving disputes hereunder.