ACCEPTANCE OF TERMS
When you purchase or use a Coach’s Edge membership (a “Membership”), you are agreeing to these Membership Terms and Conditions (“Terms”). If you do not agree to these Terms, you are not permitted to purchase or use a Membership or any Membership benefits. Please read these Terms carefully.
Coach’s Edge provides the Membership and the Membership Benefits solely on the terms and conditions set forth in these Terms and on the condition that you accept and comply with them.
By clicking accept or by purchasing or using the Membership or any Membership benefits, you (a) accept these Terms and agree you are legally bound by these terms; and (b) represent and warrant that: (i) if an individual, you are 18 years of age or older; and (ii) if on behalf of an entity or partnership, you have the right, power, and authority to enter into this agreement and bind the entity or partnership to these Terms.
EFFECTIVE DATE & TERM
The Effective Date of these Terms begins the earlier you (1) click accept, (2) purchase the Membership, or (3) begin using the Membership or any Membership benefits.
The Membership and your rights to the Membership Benefits last for a period of one year if you select an annual membership and monthly if you select a monthly membership. After expiration of a Membership term, your rights to the Membership shall automatically renew for successive periods of one year or one month based on your membership selected, unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current Membership term.
COACH’S EDGE MEMBERSHIP BENEFITS
A Coach’s Edge Membership includes various products and services listed on the Site https://mentorcoachinsights.com/coachs-edge/. We may also offer Coach’s Edge members supplemental memberships, which are subject to these Terms, require you to be a Coach’s Edge member, and may have additional fees and terms. As used in these Terms, “Membership” also applies to all supplemental memberships.
COMMUNITY DISCUSSIONS WILL BE RECORDED AND PUBLISHED
You may cancel your Membership at any time by visiting your account page and adjusting your membership settings.
If you cancel within three business days after signing up for a Membership or converting from a free trial to a paid membership, we will refund your Membership fee; provided that we may charge you (or withhold from your refund) the value of Membership benefits used by you or your account during this 3-business day period. If you cancel at any other time, you will not receive any refund of your Membership fee.
Once you cancel, you will no longer have access to the Site or Service, including all content and community resources, after your current Membership period is completed. Memberships redeemed through a gift code or promotional code are not refundable.
- We reserve the right to refuse Membership in our sole discretion and without notice.
- We may send you email and other communications related to Coach’s Edge and your Membership (regardless of any settings or preferences related to your Coach’s Edge account).
- You may not transfer or assign your Membership or any Membership benefits, including promotional codes for Memberships or Membership benefits, except as allowed in these Terms.
- Some Coach’s Edge or Membership benefits may require certain purchase thresholds, have quantity or shipping limitations, or require members to meet specified criteria in order to access them.
- From time to time, Coach’s Edge may choose in its sole discretion to add or remove Membership benefits.
FEES AND RENEWAL
The Membership fee is stated in the information section https://mentorcoachinsights.com/coachs-edge/ of our website. From time to time, we may offer different Membership terms, and the fees for such membership may vary. The Membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on the Membership fee and other items you may purchase from us.
If all eligible payment methods we have on file for you are declined for payment of your Membership fee, you must provide us a new eligible payment method promptly or your Membership will be canceled. If you provide us a new eligible payment method and are successfully charged, your new Membership period will be based on the original Effective Date and not the date of the successful charge.
UNLESS YOU NOTIFY US BEFORE A CHARGE YOUR INTENT TO CANCEL OR DECLINE TO AUTO RENEW AS PROVIDED FOR IN THIS AGREEMENT, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
We will sometimes offer certain customers various trial or other promotional memberships, such as trial offers or beta product offers, which are subject to these Terms except as otherwise stated in the promotional offers. Promotional offer members may at any time (through your Account) choose not to continue to a paid Membership at the end of the promotional period.
ORDER CONFIRMATION EMAILS
After you place an order with us, we will email you to confirm your order and details concerning product delivery. In the event that this email includes any errors regarding your order or shipping information, it is your responsibility to inform us as soon as possible.
TERMINATION BY COACH’S EDGE
We may terminate your Membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your Membership and pre-paid by you. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, or is harmful to our interests or to another user, including fraud or misuse of the Membership,. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
LIMITATION OF LIABILITY
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE CONDITIONS OF USE ADD LINK, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID.
IN NO EVENT SHALL COACH’S EDGE (OR ITS MEMBERS, MANAGERS, EMPLOYEES OR REPRESENTATIVES) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, DOWNTIME, LOSS OF OR DAMAGE TO CONTENT OR DATA, COSTS OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
COACH’S EDGE MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING OR RELATING TO ANY OF ITS SERVICES OR GOODS. COACH’S EDGE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
All matters related to your Membership will be governed by the laws of North Carolina, without regard to conflicts of laws provisions.
If you have a complaint, question, or dispute (collectively, “dispute”) regarding your Membership, you are encouraged to bring it to our attention. You may write to us here or email us at firstname.lastname@example.org, and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Site or Membership shall be submitted to confidential arbitration in Wake County, North Carolina, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court.
Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
By agreeing to arbitration in these Terms, you understand and agree that any dispute or claim relating in any way to these Terms or your use of a Membership, or to any products or services sold or distributed by Way of Life Coaching, LLC or through the Site will be resolved by binding arbitration, rather than in court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. You understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
You and Coach’s Edge each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. You and Coach’s Edge each also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.
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.
This Agreement (including the Schedules hereto) contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.