TERMS AND CONDITIONS OF USE

These are the official Terms and Conditions of Use for Irrepressible Spirit, LLC, herein known and referenced as “Company,” “Our,” “We,” and “Us.”

Our email is [email protected].  “You” and “Your” refers to users of this Company’s website, communications, products, services and related materials, herein known as “Offering.”

NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.

TERMS OF SITE & PURCHASER AGREEMENT

All Offerings are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at the contact details listed at the top of this agreement, and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Company, or the properly attributed party. It is a violation of applicable law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

SECURITY AND ASSUMPTION OF RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. To the best of Our abilities, We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by You at checkout. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

CONFIDENTIALITY

The Coach promises the Client that all information provided to the Coach will be kept confidential as allowed by law. The Coach will only break confidentiality if the Client discloses that they intend to harm themselves or others, and the Client will be involved in this communication process.

Throughout the working relationship, the Coach will engage in direct and personal conversations. The Client can count on the Coach to be honest and straightforward in asking questions and making requests. The Client understands that the power of the coaching relationship can only be granted by the Client and the Client agrees to do just that—have the coaching relationship be powerful. If the Client believes that coaching experience is not working as desired, the Client will immediately communicate that to the Coach and both will take action to remedy the situation.

ASSUMPTION OF RISK

By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

The service to be provided is coaching, which is not therapy or counseling and may address specific personal projects and/or general conditions in the Client’s life or work. Coaching is a designed alliance that helps bring out the best in the Client and helps the Client create and live the life they want to live. Upon completion of the coaching package, you may wish to continue coaching. At that point, the Coach, Client, and Sponsor (if applicable) will discuss how best to move forward based on the Client’s goals and progress.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of our products, packages, any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee of the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us.

EARNINGS DISCLAIMER

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).

GENERAL DISCLAIMER

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

THIRD-PARTY DISCLAIMER

You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

ERRORS AND OMISSIONS

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).

WAIVER OF LIABILITY, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for the way you use the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).

TERMINATION

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

FINANCIAL CONSIDERATIONS

PURCHASES AND PAYMENT

You authorize Us to charge your chosen payment provider for the total amount stated on Your checkout cart screen. You agree to abide by the terms and conditions of Your card issuer agreement and any other applicable third party agreement that may affect Your purchase with Us. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, You agree to update your payment information in a timely manner so We can complete any outstanding orders and/or contact You as needed.

We reserve the right to change our prices for new purchases at any time.

REFUNDS AND RETURN POLICY

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.

DISPUTE RESOLUTION

If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

NON-DISPARAGEMENT

If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.

ALL RIGHTS RESERVED

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

The Client hereby certifies that they do not experience any challenges that would render them unable to participate in the coaching process, and they agree that if there is any change in this representation, they will promptly advise the coach.

All parties agree that, in the event of any claim or grievance against Amy Everhart or Irrepressible Spirit, LLC, the sole remedy will be the return of the fees paid to the Client or Sponsor and that the Coach is not responsible for any direct, indirect, incidental, or consequential damages beyond the total amount of fees paid by said Client or Sponsor.