Terms and Conditions
Last Updated: February 10, 2019
The following are the “Terms and Conditions” which govern, in conjunction with our User Agreement, the mutually agreed upon policies between My Business Coach (“Affirm Consulting LLC,” “We”, “our”) and our members (“You”, “your”).
We reserve the right to change our Terms & Conditions from time to time. If we make changes, we will notify you by revising the date at the top of the Terms & Conditions webpage and, in some cases, we may provide you with additional notice (for example, adding a statement/notification to our website [News & Updates blog], or perhaps sending you an email notification). We encourage you to review the Terms & Conditions whenever you access the Services or otherwise interact with us to stay informed about our policies.
a) All our website contents, registered and unregistered trademarks, designs, information and materials (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected internationally under trademark, copyright and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials from our website for personal, non-commercial use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms and Conditions are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property.
b) You retain all rights to the content you submit (e.g. reviews, comments & suggestions), provided, however, that, by submitting content to us, you grant us license to publicly display, edit, remove distribute, translate and otherwise use your content in any medium without compensation to you.
Chargebacks and Delinquent Accounts
If a member’s account becomes delinquent or a chargeback occurs, My Business Coach has the right to forward that account into collections. If collections attempts are unsuccessful, My Business Coach reserves the right to pursue legal action to collect the amount owed. If collections and/or legal action is taken, the member agrees to be financially responsible for the original amount owed, plus any and all collections and legal fees incurred by My Business Coach.
My Business Coach does not offer refunds of purchased memberships or coaching hours. Once you purchase a membership, we are unfortunately unable to offer full or partial refunds, as there’s nothing to keep someone from purchasing a membership, downloading all of our business tools & resources and then requesting a refund. Yes, unfortunately that happens frequently, so regardless of whether you would or wouldn’t do this, it is our policy to not offer full or partial refunds. If you have questions or need additional information, please feel free to contact us at firstname.lastname@example.org before purchasing a membership, as we want you as confident about your purchase as we are about helping make your business a success. [See Our Values]
Subscription memberships and/or coaching subscriptions will auto-renew as outlined in the product/service description. By selecting an auto-renewing subscription, member hereby authorizes My Member Coach to renew the member’s selected membership/services and charge the applicable membership/subscription fee to the credit card placed on file. Cancellation of a subscription is the sole responsibility of the member as outlined in Memberships & Subscriptions: Cancellation.
Please Note: Cancellation of a subscription (auto-renewal) membership will remain as an ‘active member’ through the current billing cycle, however no additional payments will be processed/collected for a cancelled account.
Memberships & Subscriptions: Cancellation and Termination
Cancellation: You (“member’) are solely responsible for properly canceling your membership and/or subscription. An email, mailed or phone request to cancel your membership or subscription is not considered cancellation. You can cancel your membership and/or subscription at any time from your member profile. Access your member profile by clicking on the Profile button on the Membership Dashboard. The Account Profile screen provides a simple no-questions-asked cancellation link.
Upon cancelling your membership and/or account, you will lose all membership access to the My Business Coach services and any data or information stored within your account. Within 30 days, all account information may be permanently deleted from all back-ups and logs. This information can not be recovered once it has been permanently deleted.
If you cancel your membership before the end of your current paid period, your cancellation will take effect immediately, and you will not incur further charges, however there will not be any prorating of unused time in the current billing cycle; See our Refund Policy
Violation of any portion of our User Agreement or Terms and Conditions will result in immediate termination of your membership, and you will be subject to legal action to recoup damages for breach of contract and/or punitive damages. Termination of your membership will result in deactivation or deletion of your account, and the forfeiture and relinquishment of all content in your account. My Business Coach, in its sole discretion, has the right to suspend or terminate your membership and refuse any and all current or future use of My Business Coach and its services and resources for any reason. We may take any other legal action that we deem necessary or appropriate if we believe that any user violates our User Agreement or Terms and Conditions, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms and Conditions or available under equity or law.
Terminated members may appeal the terminated status of their account, by providing a written appeal to email@example.com within five (5) calendar days of actual termination; All appeals shall be decided by My Business Coach within ten (10) days of receiving a submitted appeal, however My Business Coach shall have the sole authority to make the final decision with no further appeals and/or requests for re-instatement of membership. There will be no prorating of unused time, nor any partial/full refunds issued for terminated memberships, per our Refund Policy.
My Business Coach reserves the right to refuse service to anyone for any reason at any time.
Expiration of Membership
Upon expiration, member benefits will cease, and access to My Business Coach content will be restricted. Membership may be renewed up to thirty (30) days before the expiration date, or up to three (3) business days after expiration. Questions about membership renewal and/or expired memberships should be directed to firstname.lastname@example.org.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) YOUR USE OF OUR SERVICES, WEBSITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED IS COMPLETE, ACCURATE OR UP-TO-DATE. MY BUSINESS COACH MAKES NO GUARANTEES, EITHER STATED OR OTHERWISE IMPLIED, FOR ANY MEMBER’S PERSONAL AND/OR BUSINESS SUCCESS. WHILE WE PROVIDE A COMPREHENSIVE ONLINE BUSINESS LIBRARY COVERING A WIDE ARRAY OF KNOWLEDGE, TOOLS, RESOURCES AND CONCEPTS, THERE IS NO PROMISE OR GUARANTEE EXPRESSED OR IMPLIED. MEMBER’S SUCCESS IS BASED ON THEIR OWN MERIT AND OTHER FACTORS OUTSIDE OUR CONTROL. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
B) IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
C) IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE FEES RECEIVED FROM YOU. NO CLAIM, SUIT OR ACTION CAN BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE DATE THE UNDERLYING CAUSE OF ACTION HAD OCCURRED.
D) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Members agree to indemnify and hold harmless My Business Coach, and its parent company Affirm Consulting, LLC, their officers, directors, coaches, employees, sub-licensees, customers and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which may result from using the provided tools, insight, resources, expertise, opinions provided by online resources, forum, coaching, or outside communication, including emails, phone calls, video conferencing or social media posts.
Coaching: Utilization of Purchased Time
Purchased coaching (coaching hours) will be applied in 30-minute increments [for example, a 25-minute coaching session will equate to 30-minutes being subtracted from your purchased coaching hours; a 40-minute coaching session will equate to 1-hour].
My Business Coach and its coaches will do its best to fully utilize a member’s coaching session without exceeding the scheduled amount of time. However, if a member voluntarily extends the phone/video call past the scheduled time, the member’s account will incur additional 30-minute deductions in purchased coaching time. In the event a coaching session runs over 1-4 minutes beyond the schedule end time, the member will not incur an additional 30-minute deduction of coaching time.
Coaching: Rescheduling and Cancellations
Rescheduling: Members wishing to reschedule a coaching session must contact email@example.com, a minimum of 6 hours prior to the scheduled coaching appointment, or otherwise incur a ‘No Show’ penalty (see Cancellations & No Shows). Members are allowed to reschedule one (1) coaching session without penalty, provided they reschedule within the required 6-hour window, however any additional rescheduling will incur a 30-minute deduction of member’s purchased coaching hours.
Cancellations & No Shows: A cancelled or ‘no show’ coaching appointment will incur a 30-minute deduction of member’s purchased coaching hours. In the event a member does not initiate or answer a scheduled coaching phone call and/or video conference call within 15 minutes of the scheduled start time for the coaching session, My Business Coach reserves the right to treat this incident as a ‘No Show’ and the member’s account will incur a 30-minute ‘No Show’ penalty.
Governing Law and Jurisdiction
Our User Agreement and Terms and Conditions are governed by the laws of Florida without regard to its conflict of laws provisions that would result in application of any other law. Courts located in Orlando, FL shall have jurisdiction to hear any controversy or claim arising out of or relating to these Terms and Conditions or the User Agreement, or the breach thereof.
a) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of our services (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form.
b) Hyperlinks. You may link to our website, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our website on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
c) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms and Conditions, at our sole discretion, without obtaining your consent.
d) Severability. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
e) No Waiver. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
Please direct your questions, comments or concerns to firstname.lastname@example.org