Terms and Conditions
Effective January 1, 2020
This website is owned and operated by Elizabeth Rublein. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors digital products and coaching package memberships/subscriptions. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
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In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method if you purchase a monthly subscription service. This monthly payment will be ongoing until cancelled. If you purchase a membership with a set end date, you will have to purchase a new membership to regain access to the membership services.
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At this time only digital products are available, and coaching services. For that reason, our policy is that refunds are not issued.
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We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
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The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Elizabeth Rublein. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
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We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
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You agree to indemnify and hold Elizabeth Rublein harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
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To the maximum extent permitted by applicable law, in no event shall Elizabeth Rublein, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Elizabeth Rublein assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
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We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
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You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Virginia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Richmond, VA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Coaching Agreement
By signing up for a subscription or membership you agree to the following:
1) Coach-Client Relationship
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Your Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation (“ICF”) found at coachfederation.org/ethics. You should review the ICF Code of Ethics and the applicable standards of behavior.
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You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching calls and interactions with the Coach. As such, you agree 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. You acknowledge that 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.
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You further acknowledge that you may terminate or discontinue the coaching relationship at any time.
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You acknowledge that coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. You agree that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively your responsibility.
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You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric 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 your exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by you and your Coach.
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You understand that in order to enhance the coaching relationship, you should communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
2) Services. The parties agree to engage in a Coaching Program through in-person, telephone or video meetings.
3) Schedule and Fees. You agree to pay all fees in compliance with rates posted online.
4) Confidentiality. This coaching relationship, as well as all information (documented or verbal) that you share with your Coach as part of this relationship (collectively, “Confidential Information”) is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and therefore communications are not subject to the protection of any legally recognized privilege. Your Coach agrees not to disclose any information pertaining to you without your written consent. Your Coach will not disclose your name as a reference without your consent. Confidential Information does not include information that: (a) is generally known to the public; (b) your Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (c) is disclosed to your Coach and as a result of such disclosure your Coach reasonably believes there to be an imminent or likely risk of danger or harm to you or others; or (d) involves illegal activity. You should also be aware that telephone, email and videoconference are not encrypted methods of communication, and some confidentiality risk exists with their use. You must raise any confidentiality questions or concerns with your Coach in a timely manner.
5) Cancellation Policy. You agree that it is your responsibility to notify your Coach of your desire to cancel a session at least 12 hours in advance of the scheduled session.
6) Termination. Either you or your Coach may terminate this Agreement at any time for any reason. You agree to compensate your Coach for all services rendered through and including the effective date of termination of the coaching relationship.
7) Limited Liability. Except as expressly provided in this Agreement, Biffy makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event will your Coach be liable to you for any indirect, consequential or special damages.
8) Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.