YOUR COACH TO SOAR LLC
October 13, 2021
User Agreement for YOUR COACH TO SOAR LLC’s ABUNDANCE MASTERY monthly membership program.
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING YOUR COACH TO SOAR LLC’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH YOUR COACH TO SOAR LLC’S ABUNDANCE MASTERY MONTHLY MEMBERSHIP PROGRAM. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THIS AGREEMENT,
- YOU UNDERSTAND IT, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF YOUR COACH TO SOAR LLC’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH YOUR COACH TO SOAR LLC’S ABUNDANCE MASTERY MONTHLY MEMBERSHIP PROGRAM, AND CONTACT US IMMEDIATELY AT [email protected]
This Agreement (“Agreement”) is a legal contract between YOUR COACH TO SOAR LLC, a New Jersey limited liability company, (“YCTS”), and you (“YOU” or “YOUR”, an individual).
WHEREAS, YCTS provides coaching services; and
WHEREAS, YOU desire to engage YCTS to provide coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, YCTS agrees to provide coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Program Fees will be determined according to paragraph below. Your access to such Programs is made conditional on payment of such Program Fee.
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement and payment completion, you will become enrolled in the ABUNDANCE MASTERY MONTHLY MEMBERSHIP PROGRAM provided by YCTS. YOU will only have access to YCTS’s ABUNDANCE MASTERY Program commencing on the date of the payment of the applicable Program Fee and YOUR acceptance of this Agreement until the date of the cancellation of your monthly subscription (the “Term”). YCTS is not responsible or liable for any access after the end of the Term.
1.1.3. Termination: YCTS may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay YCTS: a payment of two hundred US dollars (USD$200) each month (“Program Fee”), for access to and use of YCTS’s ABUNDANCE MASTERY Program during the Term which includes: (i) one (1) 90 minute Abundance Mastery call each month, (ii) access to YCTS’s Ignite Your Abundance Mindset website course platform, and (iii) access to the coaching call replays for Abundance Mastery (collectively, “Abundance Mastery”). YOU understand that the Program Fee shall be charged to you each month, unless YOU or YCTS cancels your ABUNDANCE MASTERY Program subscription. Upon the cancellation of your ABUNDANCE MASTERY Program subscription, you shall lose access to ABUNDANCE MASTERY and all related materials on the last date of the month in which your subscription was cancelled. You shall receive no refund (in whole or in part) for the month in which your subscription was cancelled.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by YCTS, YOU affirmatively agree and acknowledge that YCTS may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.4. No Refunds: YCTS abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by YCTS, including any deposit. YOU agree that no refund or reimbursement will be given to YOU in the event of early termination of this Agreement, for whatever cause. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund. YOU agree that any deposit given to YCTS in relation to the Program is not refundable.
1.5. Fees and Expenses: By accepting the terms of this Agreement, YOU agree to pay YCTS for its services under this Agreement, together with the incidental fees and expenses, including, but not limited to, transaction fees, conversion fees, or refund fees, incurred in connection with the delivery of any services. YCTS shall be authorized to charge any Accounts of the Customer for any amount owing to the Company under any provision of this Agreement.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that YCTS provides Program(s) related to coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone's success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own success. Please be aware that you may experience income loss by using the Program. In other words: YCTS does not guarantee results, you are responsible for your own success, and there is an inherent risk you may lose money, as with any undertaking.
2.2. Limited Liability: In no event will YCTS be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if YCTS has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law. YCTS shall not be liable to YOU or to any other person for any direct, consequential or special damages attributable to, resulting from or in any way related to the information provided by YCTS (including, without limitation, access to or usage thereof) or attributable to, resulting from or in any way related to a computer system breakdown or disruption, system access, negligence or the exercise of any rights under this Agreement.
2.3. Commitment to the Program: By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of your ability. You further agree to attend ALL scheduled Q&A coaching and energy healing calls included as part of the Program. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
2.4. Not a Medical Provider, Mental Health Provider, Religious Advisor or Legal Advisor: Neither YCTS nor any individuals providing services in connection with the Program and this Agreement are holding ourselves out to be a doctor/physician, nurse, physician’s assistant, advance practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist, or member of the clergy. As coaches, we are not providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through the Program pertaining to your health or wellness, exercise, relationships, business/career choices, finances, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that we are not providing medical advice, mental health advice, or religious advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions in connection with the Program. Do not disregard medical advice or delay seeking medical advice because of information you have received or accessed in connection with the Program. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. Similarly, coaching, energy healing and other communications (collectively, “Coaching”) are for informational purposes only and not intended or implied to be a substitute for professional medical or mental health advice, diagnosis, or treatment. The Program is also not a substitute for the professional religious advice of your licensed clergy member.
2.5. No Legal Advice: YCTS and any and all individuals providing services in connection with the Program and this Agreement are not providing legal advice nor entering into an attorney-client relationship under this engagement. YCTS is an independent contractor and not an employee or agent of YOU.
2.6. Energy Healing Disclaimer: In connection with the Program, YOU will have access to energy healing. YOU acknowledge and agree that you are voluntarily agreeing to receive such energy healing. YOU understand and agree that any of the energy healing provided in connection with the Program and this Agreement (a) is not a religious activity, (b) is intended solely as an ancillary benefit for overall well-being, and (c) is not considered traditional healing that is provided by a Medical Provider, a Mental Health Provider or any other licensed health care professional. Energy healing provided in connection with the Program and this Agreement is not intended nor implied to be a substitute for professional medical or mental health advice, diagnosis, or treatment.
SECTION 3: Confidentiality; Intellectual Property
3.1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by YCTS by personally agreeing to the terms of this Agreement are permitted to use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of YCTS under U.S. copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and YCTS, YCTS and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/ or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of YCTS, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that YCTS uses in connection with services rendered by YCTS are marks owned by YCTS. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
3.3 Liquidated damages: Any breach or failure to abide by undertakings provided in section 3.1 or 3.2 will result in automatic liquidated damages payable by YOU to YCTS, of a sum equivalent to five-hundred US dollars (500.00$USD) per day of violation or infringement.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold YCTS, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and YCTS concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with YCTS relating to the Program, whether oral or written.
4.4. Amendment; Assignment: YCTS reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.anjligarg.com. You may not assign this Agreement (in whole or in part) to any other entity or person.
4.5. Governing law: This Agreement is governed by the laws of the State of New Jersey applicable thereto, without regard to conflicts of law principles. The parties hereto irrevocably submit to the exclusive jurisdiction of the courts of New Jersey located in Hudson County, with respect to any matter which may arise under or in connection with this Agreement.
4.6. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
4.7 Acknowledgement: YOU hereby agree and acknowledge that:
- all restrictions and obligations set forth herein are reasonable; and
- YCTS may, in its sole discretion and without prior notice, temporarily or definitively suspend, for any reason whatsoever, the provision of or access to information, including the user code or codes and password or passwords which allow YOU to access the information and/or the system database.
4.8 Other agreements: This Agreement shall not be construed as requiring nor does it require YOU or YCTS to enter into other agreements as between themselves or creating obligations other than those set forth herein.
4.9 No Endorsement: The following Agreement does not in any way constitute an (explicit or implicit) endorsement by YCTS of YOU or YOUR products or services or any of YOUR work, publication, study, analysis, and YCTS dissociate themselves from such. Consequently, YOU shall not make any representations which could suggest such endorsement or such association with YCTS.
4.10 Notices: All notices under this Agreement shall be in writing and sent or delivered to the parties hereto at their electronic addresses appearing on the Agreement or the registration for the Program.
4.11 Application: The fact that a provision of this Agreement or its application to a person or to any circumstances is in any way held to be invalid or unenforceable shall have no effect on the remaining provisions of this Agreement or on the application of such provision to persons or circumstances other than those with respect to which it was held to be invalid or unenforceable. Each provision of this Agreement is valid and may be fully enforced under the law, independently of any other provision of this Agreement, as each provision is hereby declared to be severable from all other provisions.
4.12 Enforceability: The omission by a party to enforce any provision of this Agreement or to exercise its rights hereunder shall not be construed as constituting a waiver of such provision or such rights, nor shall it in any way impair the validity of this Agreement nor deprive such party of the right subsequently to require absolute respect of its rights or compliance with such provision or any other provision of this Agreement. The fact that a party exercises rights shall not preclude or deprive such party from exercising any other rights conferred upon it hereunder or otherwise, whatever legal action or proceedings it may previously have brought. No waiver by a party of the performance of any of the provisions hereof shall be applicable unless such waiver is recorded in writing and signed by a duly authorized representative of such party.
4.13 Binding Agreement: YOU hereby acknowledge that this Agreement constitutes a valid obligation which is legally binding upon YOU and that such Agreement was signed by YOU or YOUR authorized representative or representatives.
BY CLICKING “I ACCEPT AND AGREE”, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.