Terms & Conditions
SARAH BALDWIN COACHING, LLC
Last Updated: February 24, 2021
BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
If you do not agree to these Terms and to follow all applicable laws, then please cease access or use of the Site and Services immediately.
If you have any questions about these Terms, please contact us by email at [email protected]
If you access any Sarah Baldwin Coaching Site on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest), you also consent to and agree to abide by the terms and conditions of that social media network.
HEALTHCARE ACKNOWLEDGEMENT & DISCLAIMER
Sarah Baldwin Coaching is not a medical practice, and our principal Sarah Baldwin is not a doctor and does not have any licenses as a medical care provider, psychologist, psychiatrist, or otherwise.
No aspect of Sarah Baldwin Coaching’s Products or Services are meant to be a substitute for professional advice from your professional care provider and Sarah Baldwin Coaching makes no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or instruction provided through the Services. You are encouraged to consult with your healthcare provider or other professional care provider with any questions or concerns you may have regarding any health condition or any other condition that you may have before taking any action or engaging in any activity or program, including Sarah Baldwin Coaching’s Services.
You acknowledge and agree that when taking any action or participating in any activity, routine or program that may be described in the Services that there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical or other professional advice or delay seeking it. Sarah Baldwin Coaching’s Services should not be used in lieu of professional advice given by qualified medical professionals such as your doctor or other professional care provider. It is important that the Services are used only in conjunction with qualified medical guidance and guidance provided by other applicable professional care providers.
You hereby release Sarah Baldwin Coaching and waive any and all claims against Sarah Baldwin Coaching for any damages you may incur arising out of or related to your use of Sarah Baldwin Coaching’s consulting Services, Site, or Products. You further agree to indemnify and hold harmless Sarah Baldwin Coaching from any damages, liabilities, losses, or other claims incurred by Sarah Baldwin Coaching and arising out of or related to your use of Sarah Baldwin Coaching’s consulting Services, Site, or Products.
CONTENT ON THE SITE
Intellectual Property Rights. You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, podcasts, services and/or other information and materials, and selection and arrangements thereof is copyrighted work under the United States and other copyright laws, and is the property of or licensed by Sarah Baldwin Coaching, made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to Sarah Baldwin Coaching or other respective owners that have granted Sarah Baldwin Coaching the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. Sarah Baldwin Coaching reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our Site in whole or in part, other that as necessary for your own personal non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Sarah Baldwin Coaching, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
Third-Party Content. Our Site contains Content that we create as may also include Content provided by third parties. We do not monitor, we do not endorse, and we are not liable for any third-party content. There may be some inadvertent accuracies or errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or located at third party URLs that may be posted on our Site. Sarah Baldwin Coaching is not responsible or the content on any linked site or any link contained in a linked site. We do not endorse or accept responsibility for the content of such third-party sites.
YOUR CONDUCT ON THE SITE
Eligibility. To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
Account Information. If you create an account, any information that you choose to provide us must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account or cause your account to fall out of good standing and we may cancel your account in our sole discretion. When you register with Sarah Baldwin Coaching and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Sarah Baldwin Coaching.
Feedback. If you send comments or suggestions about the Site to Sarah Baldwin Coaching, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Sarah Baldwin Coaching. No submission shall be subject to any obligation of confidence on the part of Sarah Baldwin Coaching. Sarah Baldwin Coaching shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
Prohibited Conduct. You agree not to copy or imitate the appearance, design or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of Sarah Baldwin Coaching, our affiliates and/or our business partners. You agree that you will not use our Site or its Content to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Sarah Baldwin Coaching or any other person or entity;
Use the Service or Site or Products commercially;
Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site or Products (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
Interfere with or damage the Services, Site, Products, or underlying any technology;
Impersonate or misrepresent your identity or affiliation;
Attempt to obtain unauthorized access to the Services or Site;
Violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms;
Violate any law, rule, or regulation;
Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, software or hardware, third party websites or telecommunications equipment;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; or
Engage in any illegal activities.
Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
DMCA COPYRIGHT INFRINGEMENT AND TAKE-DOWN POLICY
Infringement Notification. Sarah Baldwin Coaching respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to Framework Law Group PC:
Email Address: [email protected]
Send such notice with the information that sets forth the items specified below:
Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Sarah Baldwin Coaching to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, Sarah Baldwin Coaching may terminate access to the user’s account.
TERMS OF SALE FOR SERVICES
The following terms apply to your purchase of Services and Products offered on the Site.
Services Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
Availability and Pricing. Sarah Baldwin Coaching reserves the right to change the prices and available Services at any time. Quantities of some Services may be limited and availability cannot always be guaranteed. Services offered for sale on this Site are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a Service’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Purchasing Products and Services. The display of Services on the Site invites you to make an offer to purchase the Services. Your order is an offer to buy the Services, which we accept only by providing the Services or confirming your request for Services. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction for any reason.
Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Service is unavailable or if the date of Services need to be rescheduled. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar Products or Services to fulfill your order.
Rescheduling. Should you need to reschedule a one-on-one Services session, you may do so by providing 24-hour notice in advance of your session by emailing Sarah Baldwin Coaching at Sessions not cancelled 24 hours in advance will be charged full price. Group Services sessions are not subject to rescheduling, and no refunds are granted if you are unavailable to attend.
Returns. We do not allow returns or substitutions of Services. All sales are final.
Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Personal Use Only. Services are for your personal use only. You agree not sell or resell any Services you purchase.
No Harassment. You agree to treat Sarah Baldwin Coaching and its principals, employees, and contractors in a professional capacity at all times, and Sarah Baldwin Coaching reserves the right to suspend and terminate Services to you at any time without refund in the event Sarah Baldwin Coaching feels unsafe or uncomfortable in any way.
Group Sessions. If the Services include any group sessions with third-party participants, you agree to not disclose, authorize disclosure, publish, post, circulate or otherwise disseminate any information learned, disclosed or obtained of any kind, relating directly or indirectly to any third-party participants present at the Services (“Confidential Information”). You further acknowledge and agree that although confidentiality is generally required of all group session participants, Sarah Baldwin Coaching cannot guarantee that third-party participants present at the Services will maintain confidentiality of any information you share, and you hereby release Sarah Baldwin Coaching from any and all claims associated with the disclosure of information you share at group sessions by a third-party participant.
Questions? If you have questions, please contact us at:
Sarah Baldwin Coaching
ADDITIONAL SERVICES TERMS & DISCLAIMERS.
Coaching Services are not professional advice. You acknowledge and agree that the coaching Services are not medical treatment or therapy and are not intended to provide and do not constitute medical, mental health, legal, or other professional advice, diagnosis and/or treatment. The content presented during the Services is designed to support, not replace, medical, psychological and/or psychiatric advice and treatment. You acknowledge and understand that Sarah Baldwin Coaching, LLC and its employees and representatives are not licensed therapists, psychiatrists, psychotherapists, doctors, or other medical, psychological and/or psychiatric professionals and you agree to seek proper medical and/or therapeutic treatment as needed. Further, you understand that since Sarah Baldwin Coaching, LLC is not providing medical, mental health or any kind of healthcare services that your relationship with Sarah Baldwin Coaching not protected under HIPAA (Health Insurance Portability and Accountability Act of 1996).
Use of any Services is at your own risk. By purchasing the Services, 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 any particular outcomes associated with the Services. You alone are responsible for your actions and results in life and business which are dependent on personal factors. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
Use of Services may be challenging. You acknowledge and agree that participating in the Services may be an extremely difficult experience, both physically and emotionally. Participating in the Services may lead to extreme physical, psychological, and emotional strains, pressures, and/or distress, both during and after the Services, which may cause, without limitation, anxiety, discomfort, embarrassment, anger, and/or shock. You acknowledge and understand that you are fully responsible for managing yourself, your actions and your emotions in connection with the Services and you are solely responsible for any and all actions you take and things you say during the Services.
Harmful activities are prohibited. You acknowledge and agree that you shall refrain from causing any and all forms of emotional or physical harm and/or violence, or threatening such harm and/or violence, to any other person or entity including, without limitation, any other participant, in connection with the Services. If you do so, you acknowledge, understand, and agree that we need to balance and preserve fairness while ensuring ultimate safety of the participants and shall have the right to exercise our sole discretion in evaluating such conduct and determining the nature of any required intervention including, but not limited to, asking you to leave the Services without a refund. You explicitly include the consequences that you may suffer as a result of engaging in any of the conduct and of our intervention with the matters for which you are releasing, waiving, and indemnifying any claims or liabilities below.
You must be in proper condition to participate. You acknowledge, understand, agree, and represent that you understand the nature of the activities to be undertaken in connection with the Services and that you are qualified, in good health, and in proper physical and mental condition to participate in such activities. You further agree and covenant that if at any time you believe that your participation in an activity in connection with the Services would put you or other participants at risk of harm, you will decline to participate in such activity, or if such activity has commenced, immediately discontinue further participation in such activity. If you participate in an activity, you do so voluntarily and knowingly and you expressly assume any and all risks arising you’re your participation in such activity.
Participation is voluntary. You acknowledge and agree that your participation in the Services is voluntary. You acknowledge and understand the scope, nature, and extent of the risks involved and expressly, voluntarily, and irrevocably assume any and all risks of loss and/or damage to property, illness, injury, and/or death arising from your participation in the Services, whether or not contemplated in this Agreement and regardless of how it was caused.
Relationships in Group Courses. You shall not engage in any relationship with other participants, whether considered as friendship, romantic or otherwise, during the term of the Course. After the Services has been completed, you may do so at your own discretion, but you agree and understand that you do so strictly at your own risk. During the term of the Services, no outside communication between participants is allowed, including, but not limited to, e-mails, social media messaging, or in person meet-ups, with the exception of the Slack group provided to you. The interactions on Slack must remain supportive, positive, and will be moderated by us. There is no participant-to-participant coaching allowed. This can be detrimental to the other participant’s healing journey. If you engage in behavior fit as “inappropriate” by us, you acknowledge and understand you may be temporarily or permanently banned from the Slack group.
SERVICES RELEASE & INDEMNIFICATION.
You release us and others from all claims. You hereby agree to unconditionally and irrevocably forever release, discharge, and covenant not to sue Sarah Baldwin Coaching, LLC, its subsidiaries, divisions, affiliates, hosts, sponsors, promoters, advertisers, and all participants in the Services (each a “Releasee” and collectively, the “Releases”) from any and all claims, demands, rights, causes of action, damages, liabilities, losses, attorney’s fees, costs and expenses of any kind, arising out of, resulting from, or by any reason of, any tort, contract, and/or any statutory cause of action of any kind whatsoever which you now have or later may have (whether known or unknown, foreseen or unforeseen), against the Releases in any way resulting from, arising out of, or in connection with your preparation for and/or participation in the Services, occurring before, during, or after your actual participation in the Services, including, without limitation, claims for any injury, illness, damage, loss, or harm to you or your death.
Claims included in the release. The released claims shall include, without limitation, those based on negligence or gross negligence, wrongful death, personal injury, infliction of emotional distress (both negligent and intentional), breach of contract, fraud, fraudulent inducement, fraudulent concealment, breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, statutory and common law invasion of privacy, public disclosure of private facts, false light, violation of the right of publicity or personality, infringement of intellectual property, and/or loss of earnings of potential earnings, whether caused by any of the Releases or any of the other participants in the Services or other third parties. The release extends to any and all claims you have or later may have against the Releases. This agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
You agree this is binding. You acknowledge and agree that if you institute or anyone on your behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the Releases because of injury to your person or your death, due to the activities covered by this Agreement, this Agreement can and will be used in court as conclusive evidence of your full informed “covenant not to sue” Releases, and your full intent and desire that this waiver be given full force and effect to prevent any litigation brought by your estate, heirs, executors, administrators, successors, and assigns who may attempt to bring a suit against the Releases. You have freely relinquished your right to sue and thus your successors, heirs and assigns shall be equally bound in law and equity in covenant not to sue. It is your understanding and intent that this Agreement will be binding not only on yourself, but will also be binding on all other persons or entities including your estate, executors, heirs, personal representatives, administrators or other successors and assigns who may initiate any suit, action, claim or other proceeding arising out of your participation in any and all activities, however such injuries, damages, or losses are caused.
Damage Waiver. Under no circumstances whatsoever shall we be liable to you for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, our liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to us for the Services.
Indemnity. You agree to indemnify, defend and hold harmless Sarah Baldwin Coaching, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harms, costs and expenses, including legal fees and expenses or any other detriment incurred by you in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representation and warranties set forth above, or if any content that you post or publish while using the Services causes Sarah Baldwin Coaching to be liable to a third party.
SERVICES INTELLECTUAL PROPERTY & CONFIDENTIAL INFORMATION.
Intellectual Property. All materials and coaching provided to you as part of the Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of Sarah Baldwin Coaching. You may not re-use, perform, modify, broadcast, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of Sarah Baldwin Coaching. All trademarks, logos, and service marks displayed on any materials provided as part of your Services under this Agreement are protected by US and International copyright and intellectual Property laws. Access to any materials or content online or otherwise as part of the Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of Sarah Baldwin Coaching.
Confidentiality. You agree to not disclose, authorize disclosure, publish, post, circulate or otherwise disseminate any information learned, disclosed to or obtained by you, of any kind, relating directly or indirectly to the Services, Sarah Baldwin Coaching, LLC, group participants, and/or your participation hereunder, as well as any person or entity connected thereto (“Confidential Information”). This means that you shall not make statements regarding Confidential Information to any individual or entity, including without limitation, any members of the press or media service, including but not limited to, television, magazine, newspaper, radio and internet sites, such non-disclosure being of the essence of this Agreement. You also acknowledge that any disclosure of Confidential Information will constitute a material breach of this Agreement and will cause us irreparable injury entitling us to seek any and all remedies at law and equity, including but not limited to, injunctive relief, without posting any bond, punitive damages, and attorneys’ fees and costs.
Group Session Confidentiality. You acknowledge and agree that Sarah Baldwin Coaching cannot guarantee that third-party participants present at the Services will maintain confidentiality of any information you share, and you hereby release Sarah Baldwin Coaching from any and all claims associated with the disclosure of information you share at group sessions by a third-party participant.
Subject to applicable law, you and Sarah Baldwin Coaching agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Sarah Baldwin Coaching in any way will be resolved in accordance with the provisions set forth in this Section.
Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected], provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Sarah Baldwin Coaching user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions. There are only two exceptions to this arbitration agreement:
First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Sarah Baldwin Coaching will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Sarah Baldwin Coaching is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Sarah Baldwin Coaching prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Sarah Baldwin Coaching. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Sarah Baldwin Coaching must be resolved exclusively by a state or federal court located in Los Angeles, California. You and Sarah Baldwin Coaching agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
OPT-OUT. IF YOU ARE A NEW Sarah Baldwin Coaching USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO [email protected] ("OPT-OUT NOTICE"): Sarah Baldwin Coaching. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW Sarah Baldwin Coaching USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: [email protected]. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
You hereby agree to indemnify, defend and hold Sarah Baldwin Coaching and all of our officers, directors, mangers, members, employees, agents, information providers, affiliates, partners, and licensors (“Sarah Baldwin Coaching Party,” or collectively, the “Sarah Baldwin Coaching Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any Sarah Baldwin Coaching Party arising from, related to, or in connection with (a) a violation of any provision of these Terms by you; or (b) arising from, related to, or connected with your violation of the rights of Sarah Baldwin Coaching or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.
WARRANTIES & DISCLAIMERS
Service Outages and Force Majeure. Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall Sarah Baldwin Coaching or its licensor or service providers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that Sarah Baldwin Coaching may not disclaim under law.
USE OF SITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT OR COURSES ON OUR SITE. OUR SITE, CONTENT AND SESSIONS ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE, SERVICES, OR COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, COURSES, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT AND COURSES. Sarah Baldwin Coaching ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS. NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT Sarah Baldwin Coaching MAY NOT DISCLAIM UNDER APPLICABLE LAW.
NO RESPONSIBILITY FOR THIRD-PARTY PRODUCTS SERVICES AND MATERIALS. Sarah Baldwin Coaching DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND Sarah Baldwin Coaching WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. Sarah Baldwin Coaching WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
LIMITATION OF LIABILITY
NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL Sarah Baldwin Coaching, AND Sarah Baldwin Coaching PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, COURSES, PODCASTS, CONTENT OR PRODUCTS, EVEN IF Sarah Baldwin Coaching HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT Sarah Baldwin Coaching MAY NOT EXCLUDE UNDER APPLICABLE LAW.
OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES OR PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT Sarah Baldwin Coaching MAY NOT EXCLUDE UNDER APPLICABLE LAW.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS OF THIS PARAGRAPH 9 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
TERMINATION & SURVIVAL
Term. These Terms are effective unless and until terminated by us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
Suspension and Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.
Survival. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, Dispute and any and all others that by their sense and context are intended to survive the termination or expiration of the Agreement shall survive.
No Waiver; Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these terms are intended to extend to the fullest extent permitted by law. No waiver of any term of these Terms will be binding unless in writing.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Applicable Law. These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Los Angeles, California if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect
Headings. The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.
Notice. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address:
Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Sarah Baldwin Coaching and govern your use of the Site and Services and supersede any prior agreements between you and Sarah Baldwin Coaching on the subject matter. You may also be subject to additional terms when you use certain Sarah Baldwin Coaching third party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Sarah Baldwin Coaching without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Sarah Baldwin Coaching. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Notice to California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States of America. The Site is controlled and offered by Sarah Baldwin Coaching from the United States of America. Sarah Baldwin Coaching makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.