Terms + Conditions
Terms and Conditions
Terms and Conditions apply to any sale of coaching services and programs Participant Agreement, and Website Use.
BY PAYING FOR A PROGRAM OR COACHING SESSION THROUGH INSTALLMENTS OR IN FULL, YOU AGREE TO THE TERMS BELOW:
You irrevocably agree to enter into the Program Agreement with Diana Keith (the “Company” or “we/us”). This Participant Agreement (the “Agreement”) automatically becomes a binding contract between you and the Company, and applies to your participation in the program. By paying for this program, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
PRIVACY
Your use of the Website is also subject to the Company’s PRIVACY POLICY. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms and Conditions.
CLIENT EXPECTATIONS
Client understands that he or she is 100% responsible for his/her own progress and results. Client understands that they are the one element over which Coach or Company has no control and therefore Client understands that their results are not guaranteed. Client commits to full participation in the Program and understands that nothing is guaranteed in business. You acknowledge that individual results may vary based on your personal efforts as well as other external factors. The Company does not guarantee a particular outcome, and is not liable for any loss, damage or other expense which you may suffer as a result of using the services of the Company.
The Company provides educational and informational resources that are intended to help users of this Website achieve results. You nevertheless, recognize that your ultimate outcome will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE A HEALTH PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
INVESTMENT
You authorize the company to charge your credit card or debit card (through Stripe): All prices are in US Dollars.
Skipped or canceled payments will result in an immediate removal from the Program or Coaching Session until payment has been made or new payment arrangements have been mutually agreed upon by you and Diana Keith via email. Time lost will not be made-up.
You are responsible for full payment of fees for the entire Program or Coaching Session, regardless of whether you complete the Program, are able to complete the program, regardless of circumstance, and regardless of whether you have selected a lump sum or installment payment plan. In the event of a defaulted payment, we will contact you via email to reinstate the payment plan or invoice for a lump sum. In the event of 3 non-responsive emails, all accounts will be sent to an international collection agency for collection.
REFUNDS
No refunds are offered for programs or coaching sessions because of the preparation and customization work involved with each client’s program or session. All payments and payment installment plans are non-refundable.
I want you in the program or session only if it’s right for you. You should be able to determine that by reading the work with me page located at the top of each page of the website. You also have the opportunity to ask questions about the program relating to your situation. In addition, you may use the form on the contact page to ask further questions to your satisfaction in advance of purchase.
Because there are no refunds, we ask that you please read this page carefully and reach out if you have any questions about what’s included in each Program or Coaching Session. Make sure it’s a fit, please, before agreeing to commit your time and energy, and making payment.
RESCHEDULED MEETINGS: Program meetings may be rescheduled by communicating through email with 24 hours-notice. Extreme emergencies and technical difficulties will be taken into consideration. Ideally, rescheduled program meetings must be within made up within 7 days in an effort to maintain your progress.
PROGRAMS NOT COMPLETED: If for any reason, you do not complete the program within the allotted program duration, you may apply for an extension. Emergencies will of course be taken into consideration. Granting an extension is not usually an issue and I’m happy to be flexible.
LAWFUL PURPOSES
You may use the Site and Program for lawful purposes only. You agree to be financially responsible for all purchases made by you through the Site. You agree to use the Site and to purchase the program through the Site for legitimate, non-commercial purposes only. You shall not post or transmit, through the Site or email, any material which violates or infringes 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.
REFUSAL OF SERVICES
The Program or Coaching services offered is subject to our acceptance of your order or requests. We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment and program acceptance has been processed. We may at any time change or discontinue any aspect or feature of the Site or Program, subject requirement of fulfilling our previous responsibilities to you based on acceptance of your payment.
PROGRAM CONFIRMATION
We will email you to confirm the acceptance of your payment and with details concerning Program delivery. In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Diana Keith. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Program. Content you submit to Diana Keith remains yours to the extent that you have any legal claims therein. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
OUR INTELLECTUAL PROPERTY
The Website and Program contain intellectual property owned by Diana Keith including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Program content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Program, without refund, if you are caught violating this intellectual property policy.
We respect your confidentiality and proprietary information, ideas, plan and trade secrets (collectively, “Confidential Information”), and require that you respect the same of the Company.
You agree (1) not to infringe on the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) By paying for the program, you further agree that all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and (4) the reproduction, distribution, and sales of these materials by anyone but the Company is strictly prohibited. (5) Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
CHANGED TERMS
We amend these Terms and Conditions at any time. Such amendments are effective immediately upon notice to you by us emailing the new Terms and Conditions. Any use of the Site or Program by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Program, Coaching Session, including these Terms and Conditions, at any time.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or Program. Additionally, Diana Keith and/ or Hello Life Change is not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property regardless of our negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Diana Keith and/or Hello Life Change has been advised of the possibility of, or could have, foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Diana Keith’s cumulative liability to you exceed the total purchase price of the Program you have purchased from Diana Keith and/or Hello Life Change, and if no purchase has been made by you Diana Keith’s cumulative liability to you shall not exceed $100.
THIRD PARTY RESOURCES
The Site and the Program 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 Diana Keith and Hello Life Change. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
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, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or 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.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraph(s) of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Diana Keith and Hello Life Change pertaining to the Site and Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Diana Keith and Hello Life Change 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 other waiver shall be binding unless executed in writing by Diana Keith and Hello Life Change, inclusive of Hello Soul Guide Coaching Sessions.
ARBITRATION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Palm Beach County, Florida. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you assert against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
INTERNATIONAL USERS
The Website and Program are operated and administered by the Company from our office within the USA. If you access the Site or Program from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
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.
NOTICES
All notices, requests, and other communications under this AGREEMENT shall be in writing.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable or otherwise transferable by you. Any transfer, assignment, delegation, or sub-license by you is invalid.
BY PAYING FOR ANY PROGRAM THROUGH INSTALLMENTS, OR IN FULL, YOU AGREE TO THE TERMS ABOVE.
Terms and Conditions: Last updated December, 2021.
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