By checking the box next to this Terms of Use, and clicking the “Purchase” button, you (hereinafter “Client”) agree and willingly purchases access to one or more online courses, digital products, educational resources created and provided by Christi Gmyr Coaching, LLC, a New York Limited Liability, (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration as outlined below, either as a “pay in full” option or “financing option” to pay over time, Client is agreeing to purchase access to one or more online courses, including but not limited to “Thrive As a Career-Minded Mom Self-Study Course,” as well as other mini courses or educational programs offered by Coach (collectively referred to as the “Course”); and/or other Resources including but not limited to digital downloads, guides, checklists, Ebooks, templates, webinars and/or memberships (hereinafter “Resource”). Client understands this Course/Courses and/or Resource/Resources is/are being purchased as “self-study” materials and are not intended to replace professional Coaching services. Additional terms apply to coaching services purchased in conjunction with courses.
Client understands that Courses and Resources may be delivered through third-party platforms used to host and deliver online learning content, including but not limited to Thinkific.
The details of each Course or Resource, including content, modules, and materials included, will be described on the applicable sales page.
Course Outline:
Client understands that access to the Course will be provided for the period advertised on the applicable sales page at the time of purchase. Unless otherwise stated, access is currently provided for one (1) year.
Client agrees and understands that Course is a completely online, self-paced, self-study course, designed to help career-minded moms overcome or prevent burnout. Course does not include any 1:1 coaching calls with Coach, but sessions may be purchased separately if needed or desired as Client is working through Course.
Client acknowledges that they have read the Course Outline Addendum and conducted any additional research necessary to feel they understand what is being provided in Course as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.
Resource:
Client agrees and understands that they is purchasing one or more Resources that may be used as directed on Coach’s website.
Client understands this Resource/Resources is/are being purchased as “self-study” materials and are not intended to replace professional Coaching services.
Non- Disclosure
Following Client’s purchase of Resource and/or participation in this Course, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in Program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Course or purchased Resource.
Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Course and/or Resource, and agrees that they will be in violation of these Terms of Use if they use any of the Content outlined as their own material, or repurposes and uses the Content in their own business as a product or service being offered for sale, without express written permission of Coach. Client also understands and agrees they will not disclose or use any information provided to Client as part of their membership and/or ability to participate in Course, other than for personal use without permission from Coach.
Testimonials
Client confirms that anything posted to social media, or within direct messages to Coach that resembles a “win” or positive testimonial about Course or Resource may be used and shared by Coach. Coach will always ask Client before using it, but Client understands and agrees that by sharing wins within Coaching messaging boards (if applicable) or publicly with Coach, Client grants Coach a perpetual license to use the testimonial, as well as Client’s name (with permission) in connection with promotions for Course, Resource and/or coaching business as Coach sees fit.
If Client elects to provide Coach with a formal testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website, social media, or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release if asked, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands they are granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.
Payment and Payment Plan
Client understands the cost of Program, if paid in full, is a one-time payment equal to the amount advertised on Coach’s website and Thinkific purchase page for the specific Course or Resource being purchased at the time purchase is made. Course or Resource must be paid in full prior to receiving access to Course or Resource. Client agrees to render payment via credit card on Coach’s sales and checkout page via Coach’s website or Thinkific account. Payments are processed through third-party payment processors such as Stripe or PayPal via Coach’s website or course platform.
Client may have the opportunity and elect to finance the cost of Course or Resource and utilize Coach’s payment plans. If this option is available for individual Course or Resource, it will be advertised on Coach’s website and/or available on Thinkific sales and checkout page. If payment plan is available and Client elects to utilize it, the initial down payment must be made in order to obtain access to Course or Resource, with the second and third (if applicable) payments automatically deducted utilizing the same payment method Client initially made, on the same day of the following month(s). By purchasing via this financing method, Client expressly agrees and gives Coach permission to charge their payment method for the second and third payments, and authorizes this automatic payment to be deducted one and two months after initial purchase is made.
Should Client fail to make the second and third payments, or their payment method fail otherwise, Coach reserves the right to remove Client’s access to Course or Resource, and charge Client a late fee until such payment is made current.
Coach reserves the right to cancel or cease working with Client should they fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Course. Should this occur, Client understands they are not entitled to a refund of funds already issued to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed. If Client and Coach have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Coach’s sales page.
Refund Policy
Due to the digital nature of the Course and Resources, and the immediate access granted upon purchase, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement, all sales are final and no refunds will be issued unless otherwise stated on the sales page. Please conduct any and all necessary research to determine if Course and/or Resource is right for you prior to purchasing.
Term; Termination
Following agreement to these Terms of Use and purchase of Course, Client is to have access to Course for the period advertised on the applicable sales page at the time of purchase or as long as it is offered and technologically supported by Coach, whichever is shorter. Unless otherwise stated, access is currently provided for one (1) year. These Terms shall be in full force and effect for as long as Course is offered, and/or as long as Client continues to use and access Course, whichever is longer.
Coach may elect to terminate Client’s ability to access Course and/or Resource in the event of a breach of these Terms, failure to make required payments in accordance with an agreed upon payment plan, suspected illegal activity, including but not limited to infringement or any other form of distribution or copying of any portion of Course and/or Resource.
Voluntary Participation
Client understands and agrees that they are voluntarily choosing to enroll in Course and is solely responsible for any outcomes or results. While Coach believes in its services and that Course is able to help many people, Client acknowledges and agrees that Coach is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that they are fully responsible for their health and well-being, including participation in Course and any results therein.
Disclaimer
Coach cannot guarantee results of Course, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Course harmless if they do not experience the desired results.
Earnings disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Course, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Course. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary.
Client understands that all services provided by Coach in connection with the Course being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Course and work with Coach on a purely voluntary basis and does not hold Coach or Course responsible should Client become dissatisfied with any portion of the Course.
Client agrees that they do not have a cause of action, legal remedy, and is not entitled to a refund should they not achieve the results desired following completion of the course, as long as Coach delivers the Course as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, or otherwise. Client understands that although Coach holds a professional license in Mental Health Counseling in the State of New York, the Course and Resources are educational in nature and do not constitute psychotherapy, mental health treatment, diagnosis, or medical advice. Client agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Course and/or Resource. The content provided by Coach on their website and within the Course and/or Resource is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in their personal life. Client understands Coach cannot guarantee results from this Course and/or Resource, and has no expectation of a specific result that they hold Coach responsible for.
Intellectual Property
Client agrees and understands that Coach has created numerous original, creative works in connection with the Course and/or Resource, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Course and/or Resource, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees and is granted a limited, personal, non-transferable license to access and use the Course and Resources for personal educational purposes only, and understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the Course and/or Resource.
Client agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Course without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Course and/or Resource, they are gaining access to view all content and information available as part of the Course and/or Resource, as well as any additional information or content shared with them by Coach as she sees fit. Client understands this means they will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in their life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Course and/or Resource without written permission by Coach;
Post, distribute, copy, steal or otherwise use any portion of the Course and/or Resource or its content without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by Coach as part of the Course and/or Resource or otherwise given to Client is their own, meaning they cannot claim any content created by Coach was Client’s work, and use in their business or life as their own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Digital Platform Availability
Coach reserves the right to modify, update, or discontinue access to the Course platform if necessary due to technological changes, platform limitations, or business needs.
Account Security
Client is responsible for maintaining the confidentiality of login credentials and agrees not to share access to the Course with others.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Course and/or Resource, as well as any third-party claims of any kind (including attorney’s fees) arising from their actions as a direct or indirect result of Client’s participation in Course. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
Dispute Resolution
Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees they do not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Syracuse, New York within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
Applicable Law
This Agreement shall be governed by and under control of the laws of New York regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of New York are to be applicable here.
Amendments
This agreement may be altered, amended, changed, extended, or otherwise updated based upon the changes in relevant laws, the course or resource being purchased, or due to Coach’s choosing. Your continued use of the product or service will constitute agreement to this document in its most updated form.