This Terms & Conditions Agreement (“Agreement”) is between you (“You” or “Customer”) and Jacqueline Sinfield, Adult ADHD Coach and Author, doing business as untappedbrilliance.com (“Coach,” “We,” “Us,” or “UntappedBrilliance.com”), located in Montreal, Quebec, Canada. By making a purchase on this website, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot make a purchase on this website.
Amendments. UntappedBrilliance.com may amend this Agreement at any time by sending you a revised version at the email address you provide us, and you automatically become bound by the latest version of the Agreement unless you withdraw from any program where you’re currently participating. You have an affirmative duty to notify us of any changes to your email address, and to review any changes to the Agreement. This Agreement was last modified on [January 15th 2016].
Program. You will receive the various services, event(s), product, and/or materials as described on the page for the particular program that you purchased. If your program includes any private sessions with Coach Jacqueline Sinfield, then you may contact UntappedBrilliance.com at [Jacqueline@untappedbrilliance.com] to schedule your session.
Group Programs. You agree to comply with the rules of any online group forum, such as a Facebook group, including: you will not post spam, including promotions or advertisements for other products and services; you will only post content that is on topic of the particular online group forum; you will not use the group to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography; you will only post content that you own or have a license to post; and you will not post content that infringes on a copyright or trademark. Coach may moderate, edit, or delete posts at any time, at Coach’s sole discretion. Coach may ban a member at any time, for violating the above rules. You agree and understand that information you share in any group call, or in an online forum such as a Facebook group, is not confidential. However, you agree to keep the privacy of the discussions or posts, to the extent practicable, and you will not take, copy, photograph, screen-capture, or otherwise share any such private content with any third party, or on social media.
Private Session Policies. If your program includes any private sessions with Coach Jacqueline Sinfield, then you agree to abide by the following policies during your sessions: You understand that in order for the coaching process to be effective, you need to be participating at your own choice, and not because another person has forced you. You agree to be open to trying new things, to take action on what we discuss in sessions, and to have a notebook or other method to take notes during our sessions (such as phone or laptop). You agree that you hold essential information that Coach needs to provide effective coaching to you, including your goals and intended outcomes for the program, and that you are responsible for communicating such information to Coach. You understand that any abusive, negative, or inappropriate conduct is a material breach of this Agreement. No shows, cancelations, or rescheduling done less than twenty-four (24) hours before your session will result in your session being forfeited.
Private Session Confidentiality. Coach regards any information provided by you privately and directly to Coach during sessions to be confidential. Coach will only reveal such information with your express permission, or as required by law. Confidential information does not include information that is publicly available, that has been disclosed to a third party by you, or that was previously or independently derived by Coach.
Intellectual Property. Coach own the copyrights and other intellectual property rights over any materials provided to you under this Agreement. You are granted a non-transferable, non-assignable, non-exclusive license to use such materials only for your own personal, private use. You are not allowed to teach these materials to others, to share them with others, or to display them anywhere, including on the Internet or via social media.
No Assignment or Transfer. You may not assign or transfer this Agreement (including the license you receive under this Agreement) to any other person or entity.
Guarantee. The products and programs under this Agreement are subject to a 90 Day Satisfaction Guarantee. If you have reviewed and used the purchased program, and have made an attempt to use the program, but you are not satisfied with the effectiveness of the program, we will refund the purchase price paid for up to 90 days from the date of purchase. To obtain your refund, contact us at [Gina@untappedbrilliance.com].
Disclosure. You understand that you are not a patient of Coach, and will not be receiving medical advice, mental health advice, or therapy. If you are having a medical or mental health problem, you should seek appropriate help from a medical or mental health professional.
Payments. Payments may be made via PayPal or credit card. Any bounced payments or chargeback will be assessed a late payment charge at a monthly rate of 1.5% or the maximum allowed by law, whichever is less. UntappedBrilliance.com shall have the right to recover expenses including collection costs and reasonable attorneys’ fees incurred in collecting overdue amounts.
Arbitration. It is expressly agreed by you and Coach that any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration administrated by the American Arbitration Association (adr.org), in accordance with its rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Legal Terms. The terms of this Agreement cannot be waived or modified except by an express agreement in writing signed by all of the parties. This Agreement constitutes the entire agreement between you and Coach and supersedes all prior or contemporaneous written or oral agreements between us with respect to the subject matter contained in this Agreement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired. This Agreement shall be governed by and construed under the laws of the State of New York.
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