Terms of Use - The Powerhouse Woman Collective

Terms of Use

Updated October 17, 2017, Effective October 17, 2017

The terms of use described here apply to the www.powerhousewomancollective.com and all services and products sold and provided on the public and private pages of the site. Please read these terms of use carefully before using the services. By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

Use of Sight and Prohibitions

You understand and agree that you will use this site including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of data exported from your country of residence and all United States export control laws.

However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of any comments, items, messages, and or contents that are inappropriate and fails to observe decency as determined by the company/site owners; (c) collecting information about users’ personal information; (d) post false, inaccurate, misleading, defamatory, or libelous content; (e) take any action that may damage the system.

No Resale of the Service

You agree and understand that you will not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the site including its tools, services, documents, videos or other content.

Your Registration Obligations

Once you are enrolled in a membership, package or event that requires registering on the sight, you must complete the full registration process and provide the site with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You must be 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and content that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site during any visit to the site shall be subject to the terms of the Privacy Policy.

Billing Address

Your billing address must be the same as the shipping address. Due to credit card procedures, we cannot ship to a different address than we bill to.

Billing

Your coaching services are provided as either a monthly membership subscription, package or event. For monthly membership subscriptions, we bill every 30 days. If you wish to cancel your subscription, you can do so by contacting us or within your account. If you elect to pay your membership fee annually, you will be billed once per year on or near your anniversary date.

Package and event based coaching are billed as a single payment, unless other arrangements have been made. If payment arrangements have been made, services will not be provided for event-based coaching until it has been paid in full. Package-based coaching will be fulfilled on a pre-defined schedule based on the payment schedule.

Membership Renewal, Changes  and Cancellations

Memberships renew each month or annually based on how you scheduled your payments, as long as the scheduled payment is able to be processed. You can upgrade, downgrade or cancel your membership at any time within your account. If you cancel before the next bill date you will not be charged again. As long as your membership remains in good standing, meaning no interruption in your membership, we will honor the membership rate at which you enrolled even when our prices increase.

Payment Terms

A valid credit card is required to open an account on PowerhouseWomanCollective.com

Subscription/Memberships

If you subscribe to any of the paid portions of the Services, you understand that once you have become a Subscriber/Member, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED and your credit card will be charged based on the subscription program (e.g., annual, monthly, etc.) you have chosen on the defined recurring billing date. Payments are made in advance of services being provided and are non-refundable. There will be no credits or refunds for partial months of service, or unused months.

Package/Event Services

Payments are made in advance of services being provided and are non-refundable. Rescheduling of services is permissible and is based on the coach’s availability. Services must be rescheduled and utilized within 12 months of the originally scheduled service. There will be no credits or refunds on unused services.

No Refunds

UNLESS OTHERWISE STATED IN WRITING WITH REESPECT TO PARTICULAR SERVICES OFFERED FOR SALE VIA THIS WEBSITE, POWERHOUSEWOMANCOLLECTIVE.COM, ABIDES BY A STRICT NO REFUND POLICY. BY ACCEPTING THESE TERMS, YOU AGREE AND UNDERSTAND THAT YOU ARE FOREGOING THE RIGHT TO CLAIM ANY REFUND OF FEES PAID FOR ACCESS AND USE OF THE SERVICES OFFERED VIA THIS WEBSITE. 

Confidentiality

You agree to keep confidential any information shared or distributed in the private forums, collaboration area, or messages among site members, unless permission is given by the person who owns said information.

You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to our right to also seek injunctive or other equitable relief.

No Warranties

By accepting these Terms, you agree and understand that We provide education, training and coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that you will make a certain amount of money, or any money, that you will not lose money, or that you will attain any specific result as a result of using these Services.

Any earnings, revenue, income statements, accomplishments and successes viewable on this Website or our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that you will have the same outcomes. As with any goal, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary.

There are unknown risks in any endeavor. The use of our information, products, and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.

In accepting these Terms, you acknowledge that you take full responsibility for your own success.

In no event will We be liable to you or any party related to you for any damage, 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 We have been advised of the possibility of such damages. As such THE SERVICES, PRODUCTS AND CONTENT ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.

Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the site or any part of it at any time.

Intellectual Property Rights

Although we make the Site accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on them. The materials available on the site shall remain the property of Powerhouse Coaching, a brand of Spoonfed Motivation, LLC and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from the site.

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, remain with the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Non-Assignment of Rights

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

Waiver and Severability of Terms

Failure of powerhousewomancollective.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that We may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the substantive laws of Delaware, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

Customer Service

If you have questions or comments regarding powerhousewomancollective.com’s services or products, please Contact Us.