*Please print these Terms of Use for your records*

ENCOURAGE: START HERE SITE TERMS OF USE

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Encourage:Start here outlined below (hereinafter “Client”) agree and willingly purchase entry into this course, to be provided with services rendered by Pearls of Encouragement LLC (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, including the automatic renewal terms and inclusive of the following terms and conditions mutually agreed upon:

The Client has agreed to  access to the Encourage: Start Here (hereinafter “Membership Site”). In exchange, Coach agrees to provide the services outlined in the Course Site Details below, and Course Site Addendum attached hereto.

1. Course Site Outline:
A. Client agrees and understands that he/she is purchasing access to the Encourage: Start Here, a course designed to support Client during and after breast cancer. This includes 3 video modules from the full course of Encourage: Breast Cancer and Beyond

B. Client acknowledges that he/she has read the Course Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Site 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.

C. Course Site is not to be considered a substitute for therapy or medical treatment. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Membership Site is not right for you.

2. Confidentiality
A. Following Client’s access to Course Site, 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, and/or other information that may have become available for use through Client’s participation in the Course Site. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Coach’s Course Site. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Course Site, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise.

B. Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Course Site, Client understands additional action may be taken by Coach up to and including legal action.

3. Testimonials
A. Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Program created by Coach. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial.

B. If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, 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 he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.

4. Payment and Payment Plans
A. Client understands the cost of the course Site for Encourage: Start Here is zero dollars.

5. Technology
A. Coach is not responsible for any specific technology Client may need in order to adequately view and utilize Course Site. 

7. Term; Termination
A. Following agreement to these Terms of Use and purchase of Course Site, Client is to have access to Course Site for as long as it is offered and technologically supported by Coach. These Terms shall be in full force and effect for as long as Course Site is offered, and/or as long as Client continues to use and access Course Site, whichever is longer.

B. Coach may elect to terminate Client’s ability to access Course Site in the event of a breach of these Terms,  suspected illegal activity, including but not limited to infringement or any other form of distribution or copying of any portion of Program, or for any other reason, within Coach’s sole and exclusive discretion.

8. Medical Disclaimer – Not Medical or Professional Advice
A. Course Site and content contained within the Course Site is not to be considered therapy or counseling, medical treatment or advice, and nothing within the Membership Site is intended to provide or act as a substitute for mental health treatment.

B. Client understands and agrees that Course Site offers instructional services in the field of general health, wellness, and life coaching only. There are no therapy, treatment, or medical-based elements to Course Site, and it is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in Course Site in place of a personalized consultation with a medical professional in your geographical area.

C. Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to access Course Site will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Course Site offered is right for them. Nothing contained within Course Site is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

9. Voluntary Participation
A. Client understands and agrees that he/she is voluntarily choosing to enroll in Course Site and is solely responsible for any outcomes or results. While Coach believes in her services and that Course Site 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 he/she is fully responsible for his/her health and well-being, including participation in Membership Site and any results therein.

10. Disclaimer /No Guarantees
A. While many of Coach’s past and current clients have experienced wonderful benefits from the content contained in Membership Site, Coach cannot guarantee results from any of the content on Course Site, and cannot make any representations or guarantees regarding individual results. Client will hold Coach harmless if he or she does not experience the desired results.

B. Client understands that all services provided by Coach in connection with the Course Site 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 access to Course Site and work with Coach on a purely voluntary basis and does not hold Coach or Course Site responsible should Client become dissatisfied with any portion of the Course Site.

C. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Course Site, as long as Coach delivers the Course Site as described in the Addendum below.

D. Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Course Site. The content provided by Coach on his/her website and within the Course Site is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Course Site, and has no expectation of a specific result that he or she holds Coach responsible for.

11. Intellectual Property
A. Client agrees and understands that Coach has created numerous original, creative works in connection with the Course Site, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Membership Site, 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 she may be granted a limited right to use selected materials in the course of his or her own business, but 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 of the Membership Site.

B. Client agrees and understands he/she is 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 Site without refund, as well as access to any Course Site 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.

C. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Membership Site, she/he is gaining access to view all content and information available as part of the Membership Site. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to use the information provided as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:

i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Membership Site without written permission by Coach;

ii. Post, distribute, copy, steal or otherwise use any portion of the Membership Site or its content, or information obtained via other members in the group Membership Site 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.

iii. Claim any content created by Coach as part of the Membership Site or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own.

iv. Share purchased materials, information, content with others who have not purchased them.

v. 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.

12. Indemnification
A. 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, damages, losses, costs, expenses incurred as a result of Client’s use of Course Site, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Course Site. 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.

13. Dispute Resolution
A. 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 he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)

B. 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 California 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.

14. Applicable Law
A. This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.

15. Amendments
A. This agreement may be altered, amended, changed, extended, or updated depending on current laws, structure of Course Site, or Coach’s business. Client’s continued use of the Course Site constitutes an agreement to the most updated version of this Agreement.