Article 9 - DISCLOSURE FOR TEACHING OR MARKETING PURPOSES

Participant is aware that Coach may share his stories, anonymously, for teaching or marketing purposes whether it is with another Participant, members of the private Community on Facebook and/or Masculine in Love private Facebook group, newsletter subscribers, or social media followers. The Participant will remain completely anonymous unless explicit, written permission is given by the Participant to Coach that the Participant’s name and specific details may be used.

Article 10 - TESTIMONIALS

Coach will always request permission prior to using a testimonial provided by a Participant and will not use that testimonial if such permission is not granted. Coach will confirm with Participant whether his full name can be used and how he would wish to be quoted. All permissions/non-permissions for testimonial use shall be made in writing. Once permission is granted, the testimonial can be used in any marketing in the future unless Participant specifies otherwise.

Article 11 – PARTICIPANT OBLIGATIONS

Participant will be asked to register for this Course. When doing so, Participant will input his/her email address as his/her user identifier and any required personal information. The platform will assign a temporary password that can be changed by Participant upon completion of the registration.  Participant is responsible for ensuring the accuracy of this information. This identifying information will enable Participant to access and partake of the Course. Participant must not share such identifying information with any third party, and if Participant discovers that the identifying information has been compromised, Participant agrees to notify Coach immediately in writing. An email notification will suffice. Participant is responsible for maintaining the safety and security of the identifying information as well as keeping Coach apprised of any changes to the identifying information.

The billing information provided to Coach, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Participant’s identifying information. Providing false or inaccurate information or using the Course or the website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

Article 12 - ACCEPTABLE USE

Participant agrees not to use the Course or the website for any unlawful purpose or any purpose prohibited under this Agreement. Participant agrees not to use the Course or the website in any way that could damage the Course, website, services, or general business of the Coach.

Article 13 - REVERSE ENGINEERING & SECURITY:

Participant agrees not to undertake any of the following actions:

a) Reverse engineering, or attempt to reverse engineer or disassemble any code or software from or on the Course or website;

b) Violate the security of the Course or website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

Article 14 - DATA LOSS:

Coach does not assume or accept responsibility for the security of Participant’s account or content.  Participant agrees that participation in the Course or use of the website is at Participant’s own risk.

Article 15 - INDEMNIFICATION

Participant agrees to defend and indemnify Coach and any of its affiliates (if applicable) and hold same harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to participation in the Course, Participant’s use or misuse of the website, breach of this Agreement, or conduct or actions. Participant agrees that Coach shall be able to select its own legal counsel and may participate in its own defense.

Participant is strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Article 16 - MODIFICATION & VARIATION

Coach may, from time to time and at any time without notice to Participant, modify this Agreement. Participant agrees that Coach has the right to modify this Agreement or revise anything contained herein. Participant further agrees that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, Participant agrees that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

Article 17 - MODIFICATION & VARIATION

Coach may, from time to time and at any time without notice to Participant, modify this Agreement. Participant agrees that Coach has the right to modify this Agreement or revise anything contained herein. Participant further agrees that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, Participant agrees that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

Article 18 - ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

Article 19 - SERVICE INTERRUPTIONS

Coach may need to interrupt access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. Participant agrees that access to the Course and/or website may be affected by unanticipated or unscheduled downtime for any reason, but that Coach shall have no liability for any damage or loss caused as a result of such downtime.

Article 20 - TERM, TERMINATION & SUSPENSION:

Coach may terminate this Agreement at any time for any reason, with or without cause and specifically reserves the right to terminate this Agreement if Participant violates any of the terms outlined herein, including, but not limited to the intellectual property rights of Course Provider, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. Participant may also terminate this Agreement at any time by contacting Coach and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Early termination of this Agreement does not entitle Participant to a refund of this course for any reason.

Article 21 - WARRANTIES

Participation in the Course and use of the Website is at Participant’s sole and exclusive risk and any services provided by Coach are on an "as is" basis. Coach hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Coach makes no warranties that the Course or website will meet Participant’s needs or that the Course or website will be uninterrupted, error-free, or secure.  Coach also makes no warranties as to the reliability or accuracy of any information in the Course or on the website. Participant agrees that any damage that may occur to him, through his computer system, as a result of loss of his data from his participation in the Course or Participant’s use of the website is his sole responsibility and that Coach is not liable for any such damage or loss.

Article 22 - LIMITATION ON LIABILITY

Coach is not liable for any damages that may occur to Participant as a result of participation in the Course or use of the website, to the fullest extent permitted by law, as noted above. This section applies to any and all claims by Participant including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

Article 23 - GENERAL PROVISIONS

A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language

B) JURISDICTION, VENUE & CHOICE OF LAW: Through participation in the Course and use of the website, Participant agrees that the laws of the state of Arizona shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between Participant and Coach, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Maricopa and should send any communications to: P.O. Box 5795, Scottsdale, AZ 85261, United States of America. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. Participant hereby waives the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Scottsdale, Arizona, United States. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the laws of Arizona. Each Party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Coach will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by Participant. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Coach, the rights and liabilities of Coach will bind and inure to any assignees, administrators, successors, and executors.

E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

I) FORCE MAJEURE: Coach is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Coach at the following address: contact@emilyfreemancoaching.com.