Terms and Conditions
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- User Rights and Responsibility
- Our Content
- Trademarks/ No Endorsement
- User Content
- Right To Takedown Content
- Advertising Rights
- Your Account
- Subscription Based Services
- Website Information
- Links to this Website
- Third Party Links
- Intellectual Property Rights
- Copyright Notice
- Limitation of Liability
- Dispute Resolution and Arbitration
- Consequences of Termination or Expiration
- Force Majeure
- Minimum Age Requirements
- User Feedback
- Notice for California Users
- Contact Us
- Additional Coaching and Counseling terms
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements: “Account” refers to the account that You have to create in the Website to log in, use, and access some parts of the Website. “Company,” “Us,” “We,” and “Our” refers to Practical Alchemy Counseling. “Content” is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website. “Goods” means all goods that We supply and make available to You as detailed in the Invoice. “Invoice” is a list of the Goods sent or the Services We provide to You, detailing individual amounts of Goods or Services plus a sum total. “Party” refer to either You, or Us, or any other party to this Agreement. “Parties” refer to both You and Us. “Services” refer to any work We perform for You. “Supply” means to provide the Goods or Services as per the Invoice. “You” and “Your” refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement. “User Content” refers to the content which has been created by Our users. Back to table of contents
2 User Rights and Responsibility
2.1 Acceptable use
- Practical Alchemy Counseling will not be held liable should the website be unavailable for any amount of time.
- You are responsible for the safety and confidentiality of your passwords and usernames. Practical Alchemy Counseling has the right to terminate or suspend your username and password should we suspect non compliance by you.
- You are not a minor in the jurisdiction in which you reside.
- You will not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our express written consent.
- The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
- Your use and access of the Website does not include any right of resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You must use our website for lawful purposes only.
- We encourage a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user’s right to use and enjoy the Website is prohibited. We reserve the right, but do not assume any obligation, to monitor Your online conduct to enforce this Agreement.
2.2 Prohibited Use
While using our service the following terms must be adhered to:
- to transmit or send unsolicited or unauthorized advertising or promotional material in any form.
- Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website.
- Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
- Harass, abuse, threaten or incite violence towards any individual or group.
- in any way that breaks or breaches applicable local, national or international laws or regulations.
- in any way which is fraudulent or unlawful.
- Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Website.
- Interfere with any other person’s use of or the proper functioning of the Website.
- Misrepresent Your identity or impersonate any person.
- Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us.
- Provide any information that is false, misleading or inaccurate.
- Use any portion of the Website for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
- Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.
3 Our Content
Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Our Content”), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website. Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Back to table of contents
4 Trademarks/ No Endorsement
All of Our trademarks, service marks and trade names used herein (including but not limited to: the Practical Alchemy Counseling name, Practical Alchemy Counseling logo, the Website name, the Website design, and any logos) (collectively “Marks”) are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a “hot” link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent. Back to table of contents
5 User Content
You may be able, as dictated by the functionality of the Website, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on the Website (“User Content”). You shall be solely responsible for Your own User Content and the consequences of posting or publishing them. The Website merely acts as a passive conduit for Your online distribution and publication of User Content. Without limiting any of Our rights in law and equity, We reserve the right to remove any User Content for any reason in Our sole discretion, including any User Content that We believe may violate this Agreement, or any copyright or third-party rights. By submitting or otherwise making available any User Content to the Website, You automatically grant Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sub-licensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the Website (collectively, “Use”), in any type of media or in any form now known or later developed, without any payment to You. In addition, You automatically waive and give up any claim that any use of such content violates any of Your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the Website uses such content. You also grant Us and the Website the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication You provide, submit, or otherwise make available to the Website or to Us for any purpose whatsoever, including, without limitation, commercial purposes. By submitting User Content, You automatically warrant and represent to Us that You are the owner of all intellectual property rights in and to the User Content or that You otherwise have all sufficient rights to grant the license above. By submitting User Content, You further warrant and represent that the User Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest. User Content does not represent Our views or any individual associated with Us, and We do not control User Content. In no event shall You represent or suggest, directly or indirectly, Our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on Our Website, and do not take any responsibility or assume any liability for any actions You may take as a result of reading User Content on Our Website. Back to table of contents
6 Right To Takedown Content
You shall remain solely responsible for Your User Content and We shall have no obligation to prescreen any such content. However, We shall have the right in Our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this Agreement access to the Website. If You wish to remove Your User Content from the Website, please send Us an email to firstname.lastname@example.org. We will remove Your User Content within 10 business days of receiving Your request. However, We may retain copies of Your User Content, not accessible to the public, on Our backup servers even after You request removal. Back to table of contents
7 Advertising Rights
We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with User Content. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate Us to sell, license or offer to sell or license any advertising, promotion or distribution rights. Back to table of contents
8 Your Account
In consideration of Your use of the Website, You will:
- provide true, accurate, current and complete information about Yourself as prompted by the Website’s registration page (such information being the “Account Data”); and
- maintain and promptly update the Account Data to keep it true, accurate, current and complete.
9 Subscription Based Services
9.1 Subscription Based Services
We offer certain Content and Services available via subscription (“Subscription”). The Subscription prices and features can be found at https://practic-al.com/product-category/corporate/ . By making a Subscription, You agree to pay for the subsisting Subscription fees during the Subscription period. A “Subscriber” is a User who agreed to receive notifications from Us and/or who uses the Website on a paid subscription model.
9.2 Subscription Fees
If You have subscribed to a paid subscription and upgraded to a higher subscription, You will be billed for the Subscription fees of the paid subscription at the start of its subscription period. You may downgrade Your subscription at any time. If You choose to downgrade, You may lose access to some content and Services in the Website. Subscription fees are subject to change at the end of each Subscription period. We will inform of such changes before the new Subscription fees take effect. Your continued use of the Subscription means that You agree to such changes.
9.3 Ongoing Subscription and Cancellation
Fees for monthly Subscription and payment plans are billed in advance, on a monthly basis. The Subscription will remain active during the Subscription period. There will be no refunds or credits for partial use, non-use, or downgrade of the Subscription during the Subscription period. No exceptions will be made. If You have subscribed, Your Subscription will continue in effect after Your initial subscription Period, unless and until You cancel Your Subscription or Account, or Subscription is otherwise suspended or discontinued. You must cancel Your Subscription before it renews in order to avoid any additional charges.
9.4 Payments Based on Usage
If You choose to purchase goods or avail of services or features outside of Your Subscription, You will pay for such goods or services or features based on Your actual usage in the preceding month. Monthly payments for such goods or services or features will be charged on a periodic basis in arrears.
For invoiced goods, services or features, You agree to pay the invoice amount in full up front, without deduction or setoff of any kind, within 7 days from the invoice date. Back to table of contents
We have engaged the services of WooCommerce Payments, Stripe, Venmo, PayPal, Bank Transfer (“Payment Processor”) to collect and manage Your payments. You acknowledge and agree that the Payment Processor will perform the following for Us:
- credit and background verification of Our potential customers
- access updated payment reports;
- credit administration, management and collection;
- legal assistance in credit recovery;
- assessment of Our customers’ dependability; and
- receive, facilitate and assign Your credit that is due to Us;
The Payment Processor is responsible and We shall not be liable for any matter in connection with the processing of Your payments. You agree to notify Us or the Payment Processor about any billing problems or discrepancies within 60 days after they first appear on Your Account statement. If You do not do so within 60 days, You agree that You waive Your right to dispute such problems or discrepancies. We may partner with and use other third party payment service providers to handle all payments. We will notify You of such change by e-mail not less than 30 days before it takes effect.
You agree to provide updated information regarding Your credit card or payment method at any time the information is needed. You give Us and the Payment Processor the pre-authorization to verify if Your credit card or payment method account is valid and has the necessary funds or credit available to cover Your payments. You authorize such credit card to pay any amount described herein. You confirm that Your credited card has sufficient funds, credit facilities and valid expiry date to cover the payment. You will receive an electronic invoice for Your payments. This electronic invoice shall serve as Your official receipt. In case of payment delay, You will not able to use any chargeable features of Our Services until the payment in due have been fully paid. Upon delay with any payments, You may be required to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. We reserve the right to assess reasonable interest charges on any amounts not paid by the date such payments are due. You are solely responsible for any and all fees charged to Your credit card by the issuer, bank, or financial institution including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees. All orders are subject to Our credit approval. We reserve the right to withhold shipment or to require other adequate assurances of performance of Your payment obligations as We, in Our discretion, may require, notwithstanding any order confirmation issued by Us. All payments shall be paid in USD. You may have to incur costs for conversion and transfer of money if applied by Your financial service provider. All prices exclude VAT at current legal rate in United States, unless stated otherwise in this Agreement. You are responsible for all other applicable taxes, and We shall charge taxes when required to do so. Other payment methods are accepted only if provided on Our Website.
Amounts payable under this Agreement are non-refundable. No refunds shall be granted for discounts, vouchers, or coupons availed as part of the Service. Back to table of contents
11 Website Information
We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website. Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Website, You assume all associated risks. Back to table of contents
13 Links to this Website
Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited. We grant You a nonexclusive right to display at Your site any link that would permit any user to go from Your site to Our Website. You obtain no rights other than the right to link to Our Website. Further, We do not guarantee, approve, or endorse the information or products available on Your site. You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links. If Your wish to obtain written consent from Us, please contact us using our contact page Back to table of contents
14 Third Party Links
From time to time, the Website may contain links to sites that We and Our affiliates do not own, operate nor control. All such links are provided solely for Your convenience. If You use these links, You will leave the Website. Neither We nor any of Our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither We nor any of Our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that You may obtain from using any other site. We do not control, endorse, sponsor or approve of the third parties or their content not do We take any responsibility for any aspect of these websites or their content. If You decide to access any other site linked to or from this Website, You do so entirely at Your own risk. You agree to be aware when You leave the Website and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of personal information to those third-party sites. Back to table of contents
15 Intellectual Property Rights
We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text. Our intellectual property is protected under copyright, trademark and other intellectual property laws. As part of this Agreement, You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent. Back to table of contents
16 Copyright Notice
All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2022, Practical Alchemy Counseling or its licensors. ALL RIGHTS RESERVED. Back to table of contents
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Back to table of contents
18 Limitation of Liability
We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing the Website, or Your downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE VALUE OF YOUR SUBSCRIPTION OR PURCHASE MADE ON THE WEBSITE. Back to table of contents
You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorized users; (b) Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of USA or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party’s access and use of the Website with Your unique username, password or other appropriate security code. Back to table of contents
In the event that You have a dispute with one or more other visitors, users, customers, or clients of the Website, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Back to table of contents
22 Dispute Resolution and Arbitration
You and We agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to this Agreement, the Website, any subscription to the Website or any other aspect of Our relationship (“Subject Legal Claim”). To help resolve any issues between Us promptly and directly, You and We agree to begin any arbitration within 15 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived. In an attempt to find the quickest and most efficient resolution of Our issues, You and We agree to first discuss any issue informally for at least 15 days. To do that, please send Your full name and contact information, Your concern and Your proposed solution by email to Us at email@example.com. If We should need to discuss an issue with You, We will contact You using the email or mailing address on Your Account. If We do not reach an agreed upon solution after Our discussions for at least 15 days, You and We agree that any Subject Legal Claim that either of Us may have must be resolved through binding individual arbitration in California, USA in accordance with American Arbitration Association. There are two limited exceptions to this Dispute Resolution and Arbitration provision: (a) either Party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (b) either Party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court. You and Us also agree to arbitrate in each of Our individual capacities only, not as a representative or member of a class, and each of Us expressly waives any right to file a class action or seek relief on a class basis. You may download a form Notice to initiate arbitration at www.adr.org. If You initiate the arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules. It is important that You understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Back to table of contents
We may terminate this Agreement:
- for any or no reason during any free use of the Websites or Services;
- if You breach any of the terms of this Agreement, and that breach is not remediable;
- if You breach any of these terms of this Agreement and that breach is not remedied within 0 of receiving written notice of the breach;
- if You have failed to pay any due charges by the stated date.
We may also block Your access to Our Website in the event that:
- You breach this Agreement;
- We are unable to verify or authenticate any information You provide to Us; or
- We believe that Your actions may cause financial loss or legal liability for You, Our users or Us.
You may terminate Your use of the Website or the Services by contacting Us through our contact details in this policy. The termination request will be subject to Our verification of Your ownership of the Account. In terminating Your Account, You shall be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through Your Account prior to termination. Either Party may terminate the Agreement: Upon 0 days’ written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period; If the other party becomes the subject of petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Back to table of contents
24 Consequences of Termination or Expiration
Upon the effective date of termination or expiration of this Agreement:
- All rights, Subscriptions and licenses granted to You shall be terminated immediately.
- You will immediately cease use of and/or access to the Account, Website, and the Services.
- We will suspend or terminate Your access to the Website and Services.
- We will suspend or terminate access to any or all of the data to the extent permitted by law
The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination. Back to table of contents
This Agreement is subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement. If You are a registered Subscriber of the Website, You will be notified of material revisions to this Agreement via an e-mail message to the e-mail address that You provided at registration or that You have since updated. If You are not a registered Subscriber of the Website, then You can review revisions to this Agreement by regularly checking this page. Material revisions to this Agreement will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of the Website. It is Your responsibility to remain apprised of any revisions to this Agreement and to remain in compliance therewith. Should You object to any such revisions to this Agreement or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions. Back to table of contents
26 Force Majeure
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. Back to table of contents
27 Minimum Age Requirements
Our Website is not directed to children. Access to and use of Our Website is only for those who are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not register for or use Our Website. Any person who registers as a user or provides their personal information to Our Website represents that they are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. In agreeing with this Agreement, You represent and warrant that You are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. Back to table of contents
Jurisdiction and Choice of Law. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of California, USA. You consent to the exclusive jurisdiction of the state and federal courts located in San Diego, California, USA. Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral). A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches. Survival. Clauses “Trademarks/No Endorsement”, “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement. Back to table of contents
29 User Feedback
We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing Us at firstname.lastname@example.org. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose. Back to table of contents
30 Notice for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at https://practic-al.com/shop/ You may contact Us at our contact page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210. Back to table of contents
31 Contact Us
32 Additional Coaching, Counseling, Consulting Terms & Conditions
The terms and conditions below apply to all one-on-one and group coaching and mentoring services provided by Leilany Lima (“the coach”), to any individual or organization (“the client”) and constitute the contract for the service to be provided by Leilany Lima for the client. The term ‘coaching’ and ‘counseling’ as here used covers life coaching, group workshops and coaching, personal development, core beliefs counseling, executive coaching, and business coaching for clients and where applicable includes mentoring or supervision services provided for clients, coaches or others. In the spirit of good practice, when you are purchasing services from me I ask you to confirm that you have read and agreed to each statement below and that you wish to proceed. All services and communication, email or otherwise, delivered by myself, Leilany Lima, as well as information on associated websites, are meant to help you explore the root cause of your limiting beliefs, and give you practices to become more aware of patterns and choose new beliefs and behaviors to move forward into happiness, well-being and abundance. My services are not a substitute for professional mental health care or medical care.
In committing to working with me, you acknowledge the following:
- You understand that the services you will be receiving from your Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. You also understand that your Coach is not acting as a licensed mental health therapist or a medical professional.
- For legal purposes, you understand that coaching and counseling services are currently an unregulated industry and that your Coach is not “licensed “ by any U.S. body even though the sessions may take place in the U.S. or elsewhere.
- You understand and agree that you are fully responsible for your well-being during your sessions and subsequently, including your choices and decisions.
- You understand that coaching and counseling are not a substitute for therapy, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of therapy.
- You understand that all comments and ideas offered by your Coach are solely for the purpose of aiding you in achieving the defined goals you create with your Coach. You have the ability to give your informed consent, and hereby give such consent to your Coach to assist you in achieving such goals and understand that results are not guaranteed.
- You understand that to the extent our work together involves personal development, career or business, your Coach is not promising outcomes included but not limited to trauma recovery, personal introspection, increased personal happiness, career progression, profitability and/or business success.
You understand that your Coach will protect your information as confidential unless you state otherwise in writing. If you report child abuse, elder abuse or neglect or threaten to harm yourself or someone else, you understand that necessary actions may be taken and your confidentiality agreement may be limited in this capacity. Furthermore, if your Coach is ordered by a court to provide information or to testify, he will do so to the extent the law requires.
You understand that the use of technology is not always secure and you accept the risks of confidentiality in the use of email, text, phone, WhatsApp, and any other technology.
You hereby release, waive, acquit and forever discharge your Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by your Coach as a result of the advice given by your Coach or otherwise resulting from the coaching relationship contemplated by this agreement. You further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to you to sign this agreement. This agreement shall bind your heirs, executors, personal representatives, successors, assigns, and agents.
Sessions of Services
The services schedule will be arranged between the Coach and the Client and can be booked up to 3 months in advance. Leilany will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
In return for the fees payable by the client (or by a third party on their behalf), Leilany agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client). The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact Leilany to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions. The date that the first group coaching or workshop session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact Leilany to discuss any concerns and see if they can be resolved before the first group coaching or workshop session. Participation by any individual in the first group coaching or workshop session constitutes acceptance of these terms and conditions.
Format of Sessions
Format of sessions will be set and described in the package type the client chooses. Session types include in-person, or virtual by webcam or phone either via Google, WhatsApp audio or by telephone direct. In all cases the client is responsible for attending on-time and if by phone, calling the coach. The coach is open to other formats by mutual agreement. Leilany is responsible for ensuring that she is available for consultation at agreed times. The length of each session set by the client at the time of booking on the appointment booking platform and paid for accordingly at the time of booking. Sessions may over-run by mutual agreement and paid for retrospectively, but only if the Coach has no commitments immediately following the session.
Leilany’s current fees are stipulated on the website and made clear at the time of booking. She reserves the right to change these from time to time. Any payments for sessions paid in advance are honored even if prices have risen between the point of booking and the time of session.
Dates and Times of Sessions
The date and time of the first session and any subsequent session will be registered on the online calendar (“Calendly”). Leilany agrees to maintain her availability to match that presented by the website, and to honor the sessions booked through the “Calendly” online bookings platform. Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.
Fees can be paid online by debit or credit card, Venmo, or using the “Stripe” payments gateway linked to the “Calendly” bookings platform – based on service type. Alternatively payments by standing order or by bank transfer may be made by mutual agreement. Receipts and/or invoices are available, and where receipts are requested by the client, they will be sent by e-mail.. Fees are payable in advance of each coaching session unless otherwise agreed. Thriving Teams Subscriptions are billed on auto-pay to credit card on file. Consulting services are billed via invoice or charged to card on file dependent on client agreement. Where payment has not been received by Leilany in advance of a session Leilany is not obliged to provide the session.Where payment is required on receipt of invoice rather than in advance, a charge may be levied for late payment.
Leilany may assign the client tasks or exercises to complete between sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes. The client may contact Leilany by e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions but there will be an additional charge for this. Leilany will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.
If a client needs to rearrange a one-on-one session, they should provide at least 24 hours notice. No refunds will be given to clients for unused coaching sessions unless 24 hours notice has been given. In exceptional circumstances Leilany may need to rearrange a session. In those instances she will also give the client 24 hours notice where practical. Where a client pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within 6 months of the payment or their fee is forfeited.
Personal information or business information supplied by clients in sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behavior by the client, actual or potential conflict of interest, or other reasons, Leilany can decide to terminate the service to the client early or refuse or be unable to provide further sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Leilany where practicable and will be refunded any advance payments made for coaching sessions not yet provided.
Leilany will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. Leilany has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life, career or business or to achieve their desired outcomes or goals.
Variation of Terms & Conditions
Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Leilany and the client and confirmed by Leilany in writing by email. In other cases, Leilany may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by e-mail of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Leilany.