THE AILEEN MARIE ALCHEMY™ TERMS OF SERVICE AGREEMENT
This is a Terms of Service Agreement (“Agreement”) between Aileen Marie as (“Company”, “we”, “us” or “Coach”) and Coaching Client (“Participant”, “You” or “Client”). By purchasing any service, you agree to the following terms and conditions:
1. Participant Requirements
You represent and warrant that you are at least eighteen years old and have the requisite authority to enter into this Agreement.
2. Conditions of Program Access
You may be required to provide information about yourself including your name, email address, and other personal information. You agree that any such information you provide will always be accurate, correct and up to date.
Only the customer on record with the Company may access the Program. You agree that the Program, including any usernames or passwords, will only be used by you as permitted herein and must not be sold or distributed without the Company’s express written consent.
Access may be revoked for failure to abide by this Agreement or for failure to make full and/or timely payments to the Company.
Description of Coaching. Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
3. Coach-Client Relationship
Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the Canadian Psychological Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is confidential. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.
4. Payment
Full payment is required prior to any session purchased unless otherwise noted by Aileen Marie Alchemy™.
You authorize Company to automatically charge the credit card on file for any and all Program balances owed. You agree to keep your payment and credit card information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may revoke your access to the Program.
5. Refund Policy
The Awakened Program is non-refundable.
6. Disclaimer of Earnings and Results
By purchasing the Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, or audience growth of any kind. The Company does not guarantee that you will get any results, earnings, or specific outcomes by using any of our ideas, tools, strategies or recommendations, or anything else accessed through the Program.
7. Errors, Inaccuracies and Omissions
Information provided about or in the Program is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.
8. Refusal of Service
We reserve the right to refuse access to the Program to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
9. Rules on Participant Conduct
You shall not post or transmit through the Program any material which violate or infringe the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You may use the Program only for lawful and legitimate purposes.
10. Third-Party Disclaimer
The Program or Materials may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
11. Our Intellectual Property
You agree that the Program and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Program or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Program or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
12. Limited License Grant
Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Program and Materials.
13. Limited Liability
Company will NOT be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer actually paid to the Company for the Program.
14. Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Agreement, or any use by you of the Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
15) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
16.Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the Province of Alberta, without giving effect to any conflicts of laws provisions.
17. Recovery of Litigation Expenses
If any legal action, arbitration, or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation related or arising from this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
18. Entire Agreement
This Agreement constitutes the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us.
19. Effect of Waiver
No waiver of any of the provisions of this Agreement by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
20. Amendments
We reserve the right to update our Agreement at any time. Such amendments are effective upon posting on the website. Access or use of the Program by you after an amendment constitutes acceptance of amendments.
21. Assignment
This Agreement does NOT confer any rights, remedies, obligations, or liabilities upon any person or entity, including representatives, not a party to this Agreement. Program benefits and access are NOT assignable, transferrable, substitutable or delegable. Any unauthorized assignment, transfer, substitution, or delegation is void.
22. Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
23. Effect of Headings
The subject headings of the paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
24. Customer Support
Email support is available at hello@aileenmariealchemy.com.
25. Customer Feedback
With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Product related forums, calls, video calls, or otherwise, for the purposes of marketing or promoting the Program.
For Educational and Informational Purposes Only. The information provided in or through our Website, Programs, Products, and Services is for educational and informational purposes only and is made available to you as self-help tools for your own use. When using any material obtained from or through Holistic Wellness and Health whether through in-person, phone, Skype, webinars, teleseminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, consultations and/or trainings, you acknowledge that we are supporting you in our role exclusively as providing business education, and in no other role.
Not a Substitute for Medical Advice. The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by you or your clients’ own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.
Not Holding Self Out. In this capacity as a health coach, I am not holding myself out to be a Medical Provider (including doctor/physician, nurse, physician’s assistant or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietician or licensed nutritionist, or member of the clergy. Rather, I serve as a trainer, educator, coach, mentor and guide who provides education and learning opportunities.
Consult Your Physician or Health Care Provider. Our intent is NOT to replace any relationship that exists or should exist, between you or your clients’ Medical Provider or Mental Health Provider. You and your clients should always seek the advice of your/their own doctor/physician, nurse practitioner, physician’s assistant, Mental Health Provider, or another health care professional regarding any questions or concerns about your/their specific health situation. We advise you and your clients to speak with your/their own Medical Provider or Mental Health Provider before implementing any suggestions obtained through our Website, Programs, Products and Services including but not limited to exercise, lifestyle, weight loss, food, vitamins or supplements; engaging in an elimination diet, detox or cleanse; meditation or deep breathing exercises; or participating in any other aspect of a weight loss, healthy eating, exercise and/or lifestyle program. You shall not disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us. You and your clients should not stop taking any medications without speaking to your Medical Provider and/or Mental Health Provider. If you or your clients have or suspect that you or they have a medical problem, you are advised to contact your/their own Medical Provider or Mental Health Provider promptly.
Not Legal or Financial Advice. The information contained in our Website, Programs or Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial adviser. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state and it is constantly changing and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding any and all information presented by our Website, Programs or Services pertaining to your specific financial and/or legal situation.
Personal Responsibility. Our Website, Programs, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Programs, and Services, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your business, and for your own health, life and well-being, as well as the health, lives, and well-being of your family and children (where applicable), for all decisions now or in the future.
Testimonials. We present real-world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products, and Services, are the culmination of numerous variables, some of which we cannot control.
Assumption of Risk. There are sometimes unknown individual risks and circumstances that can arise during use of our Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results. We are not responsible for your or your clients’ personal choices or actions before, during or after use of our Website, Programs, Products, and Services. You understand that any mention of any suggestion or recommendation on or through our Website, Programs, Products or Services is to be taken at your and your clients’ own risk, with no liability on our part, recognizing that there is a rare chance that business failure, illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by us through any means whatsoever, as well as your clients’ use or non-use of any information obtained through you or our Website, Programs or Services. Your or your clients’ use, or non-use, of this information, is at your own risk, and you absolve us of any liability or loss that you, your clients, your business, your family and/or children or any other person may incur from your or their use or non-use of the information provided.
No Liability and Release of Claims. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website, Programs or Services. In no event will we be liable to you, your clients’ or to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, Programs and Services, or on those affiliated with us in any way, and you and your clients’ hereby release us from any and all claims, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue experienced by you and/or your clients, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering this Website, Program or Services in any way. In the event that you or your clients use the information provided through our Website, Programs or Services by us or affiliated with us, we assume no responsibility. We will not be held responsible in any way for the information that you or your clients request or receive through our Website, Programs or Services. By using our Website, Programs, and Services, you and your clients fully and completely hold harmless, indemnify and release us and any other of our employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you or your clients ever had, now have or will have in the future against us, arising from your or your clients’ participation in or in any way related to our Website, Programs, and Services, unless arising from the gross negligence on our part.
No Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR OUR PROGRAMS, PRODUCTS, AND SERVICES.
Not Evaluated by the FDA. The information contained on this Website or provided through our Website, Programs, Products, and Services has not been evaluated by the Food and Drug Administration.
Accuracy. Although every effort is made to ensure the accuracy of information shared on or through our Website, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or throu3gh our Website, Programs, Products, and Services or those of any other individual or company affiliated with us in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of healthcare, scientific, business, and technology research is constant33ly evolving, we cannot be held responsible for the accuracy of our content.
No Endorsement. Reference or links in our Website, Programs, Products or Services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute our formal endorsement. We are merely sharing information for your own self-help and for informational and educational purposes only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in our Website, Programs, Products or Services. Should our Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website.
By using this Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact hello@aileenmariealchemy.com
UPDATED: January 2024 Aileen Marie Alchemy™