A New You Program Terms and Conditions
updated January 23, 2005
Methodology:
In providing the Services, the Company will employ a range of methodologies to suit the Client’s personal values and style.
a) Client agrees to be open-minded and partake in methods proposed by the Company.
b) Client understands that due to a variety of different factors, there are no refunds for lack of implementation or results.
Refunds:
a) Upon purchasing the program, the Client shall be responsible for the payment amount, on the payment date, set forth.
b) If the Client cancels any Services for any reason whatsoever, the Client shall not be entitled to a refund. Any and all payments made are non-refundable.
SERVICES PROVIDED
The Company agrees to provide the following coaching services to the Client. The Client understands that specific deliverables may be altered to fit the Client’s specific needs and to maximize the successes of the Client within the allotted and agreed upon time.
Duration of Services:
The Client will have access to the Company and its support resources for four months from the date of enrollment in the program unless terminated in accordance with this agreement due to missed payments or in violation of the conduct policy.
Mastermind Sessions (Live on Zoom or Facebook):
a) The Client will have access to weekly mastermind sessions and training with the Company where the Client may work on their specific challenges with expert feedback.
b) The Client is responsible to request to be coached during these mastermind sessions as needed.
c) These sessions are highly encouraged as they will improve the Client’s results.
d) Times for these sessions may vary depending on a variety of factors, and session frequency may differ for holidays or other circumstances. These changes will be made known in advance. If the Client is unavailable to attend a session but would like to receive feedback, the Client may submit their questions for review and view the replay once it’s been edited and released.
e) The Company is not responsible for the Client’s ability to attend these sessions nor does lack of attendance warrant a breach of this agreement.
1:1 Coaching Sessions:
a) The Client will have access to monthly 1:1 coaching sessions over Zoom (four total).
b) The Client agrees to schedule one session per month for the duration of the term of this agreement.
c) The Company is not responsible for the Client’s ability to attend these sessions nor does lack of attendance warrant a breach of this agreement.
Core Program
The client will have lifetime access to the core program (foundational lessons) dashboard. “Lifetime access” refers to the duration that the course, program, or product is actively offered by our company. While we strive to provide long-term availability, we do not guarantee indefinite access in perpetuity. If, at any point, we decide to discontinue or retire the course, program, or product, lifetime access will conclude at that time. We are committed to providing reasonable notice should any significant changes occur.
Voxer Support (when applicable):
a) The Client will have access to support via the Voxer app where the Client can ask questions outside of the Mastermind and 1:1 Coaching sessions.
b) The Company will do its best to respond to client questions within a 24 hour period.
c) The Company will, at its discretion, utilize Voxer to communicate information regarding the Client and their progress from time to time.
d) The Company is not responsible for the Client’s ability to use Voxer nor does lack of use warrant a breach of this agreement.
No Transfer of Intellectual Property:
The Company’s copyrighted original materials shall be provided to the Client for Client’s individual use only. Client is not authorized to distribute or license any of the Company’s intellectual property for any reason. All intellectual property, including the Company’s copyrighted course materials, shall remain the sole property of the Company.
Confidentiality:
a) The Company has the right to use case studies of the Client’s situations and results and/or Client testimonials in future work but without making reference to the Client’s full identity.
b) Client will always be contacted for approval prior to any case study or testimonial being published in which the Client will be identified by full name.
Reviews:
Company respects and welcomes all Program participants to provide honest, truthful, and factual feedback, statements, comments, and testimonials, that are based in integrity, regarding their participant experience with Company and the Program. Company prohibits comments, feedback, statements, comments and testimonials regarding their participant experience with Company and the Program that: (1) contain confidential or private information which includes but is not limited to, Company trade secrets; (2) are unrelated to Company’s products or services; or (3) are clearly false or misleading.
Company encourages all participants to reach out to admin@soulintegrationcoach.com to resolve any concerns participants may have about the Program.
Agreement Between Company and Client:
The Client agrees to not withhold any information necessary for the Company to provide the Services or that could prevent the sessions from running fluidly. Client agrees to be open, present, and prepared to fully participate in receiving the Service
Communication:
Client agrees to utilize the communication channels that are available in accordance with this program as highlighted in the “services provided” section.
Support Coaches:
The Company may have coaches and/or coach substitutes participate and coach Company Activities. Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these terms of use, at any time, to any qualified third party of Company’s choosing, to deliver, administer, and carry out all Company Activities, without providing advanced notice nor needing consent from any participant. If a participant disagrees with or fails to consider Company’s guest coach or coach substitute as qualified, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.
Content:
a) The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website Company may use to distribute or host the Company Activities, contained in e-mails sent to you by Company, as well as the look and feel of all of the foregoing (“the Content”) is property of Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b) If you view, purchase or access any Company Activities or any of the Content, you will be considered our For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may view, download, print, email and use one copy of individual pages of Company Activities and Content for your own personal purposes or your own internal business use only.
Recorded Group Coaching Calls:
a) Please note that group coaching calls will be recorded and made available to program participants only. However, in Company’s sole right and discretion, Company may refuse to present or provide any Program participant with the live group coaching call and live event recordings. Company’s potential changes referenced above do not pose as grounds for Client to receive a refund and any request for a refund on this basis will be denied.
b) Recorded live group coaching calls are considered Content and therefore, may not be downloaded, shared, displayed, distributed, copied, sold, duplicated, reproduced, used, or republished.
Confidentiality:
a) Company is not legally bound to keep your information confidential.
b) You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
c) Confidential information does not include information that:
- was in the Company’s possession prior to your participation in the Program;
- is generally known to the public or in your circle of friends and family and co-workers
- Company may be required by law to disclose.
d) You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant.
e) You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
f) Company may record 1:1 coaching calls and share them in the Program, on the Company website, or on third-party forums operated by Company with Client’s consent.
g) You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by Company, without permission. If Company discovers you have done so without permission, this will be grounds for immediate termination of your access to the Program and Content and you will not be issued a refund.
Earnings and Results Disclaimer:
You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Company Activities. Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Company Activities, and you understand that results and earnings differ for each individual.
Personal Responsibility, Assumption of Risk, Release, Disclaimers:
a) You acknowledge that, by engaging with Company for any Company Activities, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in any Company Activities, whether or not caused by the active or passive negligence of the In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Company for the Company Activities.
b) The Company Activities and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Company Activities or Content prevents, cures or treats any mental or medical condition. The Company Activities and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. Company disclaims any liability for your reliance on any opinions or advice contained in the Company Activities.
c) Company tries to ensure that the availability and delivery of the Company Activities and Content is uninterrupted and error-free. However, Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
d) The information, products and services offered on or through the company activities and content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible by applicable law, company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that the program or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the website, including membership pages, or the servers that make it available, are free of viruses or other harmful components.
e) Company shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use, the Company activities, including its materials, products or services, or third-party materials, products or services made available through the Company activities.
Legal Disputes:
These terms of use shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to its conflict of laws. The nearest state and federal court to McHenry County, Illinois shall have exclusive jurisdiction over any case or controversy arising from or relating to the Company Activities or Content, including but not limited to the Privacy Policy or these terms of use. By using the Company Activities or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The event that the company is the prevailing party in any dispute between the parties arising out of or related to these terms of use, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
Entire Agreement, Severance, And Remaining Portions:
a) These terms constitutes the entire agreement, Content and Website and supersedes all prior, contemporaneous written or oral communications between the Client and the Company regarding the Activities, Content and Website.
b) If any part of the terms of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Guarantee:
a) Results (or lack thereof) are determined by the effort the Client puts in. Variables that dictate the Client’s success include, but aren’t limited to, proper goal setting, commitment and consistency, along with the combination of implementing all of the modalities offered, and showing up for guidance on the coaching calls along the way.
b) The Company is positioned to educate and guide the Client, however the Client’s results are ultimately determined by their own choices and actions.
c) The Company does not guarantee any results.
d) If Client, in any way, pauses, halts, or ceases to engage in the coaching, advice, guidance and strategy of the Company, or chooses to alter the guidance and strategy the company shall not be required to continue 1:1 coaching with the Client and the Client will not be entitled to a refund for any payments made. Continued coaching by Company under these circumstances will be at Company’s sole discretion and Company may cease future coaching at any time.
Conduct Policy:
a) The Company reserves the right to remove the Client from any and all services immediately, for any reason, without notice. This includes for behavior the Company deems to be aggressive, threatening, disruptive, harassing, inappropriate, unprofessional, or harmful to the Company, its clients, and its employees.
b) Actions including, but not limited to, creating shadow groups with other clients, sending what would be generally considered “hate mail” to clients or staff, or performing other unprofessional actions that deem the environment unsafe for others will warrant an immediate removal from the program.
c) Removal does not constitute a breach of this agreement and the Client is not entitled to a refund.
d) The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by Marc Abrams, whether or not officially sanctioned, owned, or operated by Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, seminar, mastermind, or program, without first receiving approval from Company. You agree not to market, promote, or sell products or services such as coaching services and/or programs, coaching masterminds, online programs, live-events, or other products or services to Program participants, unless you are authorized or requested to do so by the Company.
e) Any communication by you on Company’s website and any third-party forums operated by Company whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.
f) Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums operated by Company is a conduct violation.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to Company or other company support coaches and participants
- Causing damage to any website or third-party forums operated by Marc Abrams.
- Using any of Marc Abrams’ website or third-party forums operated by Marc Abrams for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any the Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Using any Company website or private membership forum or third-party forums operated by Company,
- Taking pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or Participants without receiving their advance permission
- Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums operated by Company.
- Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
If, in the Company’s sole discretion, your conduct violates these terms of use in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company.
The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties.
The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company.
The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
Termination:
Company reserves the right in its sole discretion to refuse or terminate your access to the Company Activities and Content, member portal, as well as private Facebook groups operated by Company, in full or in part, at any time without notice. Company may terminate your participation and access in the Company Activities and Content at any time, without notice nor refund, if you breach any part of these terms of use, or for any other reason in Company’s sole right and discretion.
In the event of cancellation or termination, Client is no longer authorized to access the part of Company Activities or Content affected by such cancellation or termination. The restrictions imposed on Client in these terms of use with respect to the Company Activities and its Content will still apply now and in the future, even after termination by Client or Company.
In the event Client would like to cancel access and participation in the Company Activities, Client must provide written notice to Company (further detailed in the “Refund” paragraph of these terms of use). Upon notice of cancellation, Client’s access to any and all Company materials and Content will terminate immediately and the refund policy detailed above will apply. Client will not be issued a refund for any payments made towards the Company Activities, after Client’s cancellation.