Terms and Conditions of Use
1. Client (sometimes referred to as I or me) agrees that by purchasing the online coaching programs described herein from Zhennovate, LLC (hereafter referred to as “Company”) that Client will be bound by all the below terms and conditions and I agree that the term of this Agreement is monthly. The Agreement is renewable automatically unless cancelled by either party.
2. Scope of Services:
2a. The scope of services to be provided by Company is as follows:
Company will provide access to online coaching through an whereby Client will have access to coaches content, tools and other resources to facilitate and provide executive coaching virtually through video, audio and text messaging via third party platforms.
Varying levels of services will be provided depending upon the program selected and paid for. Company will deliver personal and professional development.
2b. Client’s obligations.
I agree that I am solely and exclusively responsible for attending sessions and doing the work. I agree to be solely and exclusively responsible for doing all necessary pre-work prior to each such session, and post session work or other assignments. I agree not to hold Company or its agents, contractors and employees responsible for any lack of results as I agree that results may vary and are not guaranteed.
2c. I understand and agree that Company’s services and the services provided by the coaches under this Program Agreement are not therapy, physical or mental health care, accounting skills, legal skills, tax skills or any other kind of health care or financial and I agree not to use Company’s services as a substitute for care or financial training. Any personal information delivered by me to Company is not to be deemed “health care information” nor intended to be used for health care purposes. I understand and agree that Company and the coaches provided under this Program Agreement are not responsible for diagnosing or treating any mental health issues and I specifically disclaim and waive any liability for any such disorders that are not diagnosed, identified or treated.
3. Client ultimately responsible for results. Earnings Disclaimer.
I agree and understand that my success rests entirely with me and my own abilities and ambition and therefore agree and understand that Company’s services do not guarantee any particular result, or any outcome whatsoever.
I agree that there can be no assurance as to any particular financial outcome based on the use of Company’s programs. I understand and agree that there is no claim that my business revenue or income will increase or that my life will improve. Even though Company has and/or will show case studies that may become available, Client agrees that results may vary and that the case studies are no guaranty of Client’s results or performance. If any coach or any representative leads me to believe that there is an expectation of earnings or life improvement as a guaranty, I agree to report that to Company immediately.
I understand and agree that any testimonials and objectives obtained by others are not representative of the programs and that it is no guarantee or indication of results I may achieve. I agree I am solely responsible for my results.
4. Payment and No Refund Policy.
I agree to pay for the services selected following the fees specified on www.zhennovate.com.
I hereby agree to allow Company to charge my credit card or Paypal account in that amount for the program(s) selected above on a monthly recurring basis until the Program Agreement is terminated by me or by Company. I agree that Company, with notice, may increase the pricing as appropriate from time to time in its sole discretion and I will have the opportunity to not renew should I so choose. I agree that the credit card information or paypal information will be updated as necessary from time to time and will hereby waive the right of chargeback or otherwise to seek a refund from my payment provider. Credit cards and paypal payments that are refused or rejected will result in automatic suspension from any of the Programs to which I have enrolled.
I understand and agree that all purchases are final and no refund requests will be honored.
5. Confidentiality between Coach selected and Client.
Company agrees that this relationship as well as all information that is shared with Client and the Coach selected shall be confidential. In the event Company is subpoenaed or otherwise commanded by lawful process to disclose information, Client agrees that it will defend, indemnify and hold Company harmless of and from any liability or claims arising from such disclosures.
6. Limitation of Liability.
Client agrees that Company’s liability under this agreement is limited to the monetary amount Client has paid to Company. Neither Party shall be liable to the other for lost profits or other consequential damages. I agree to defend, indemnify and hold Company harmless of and from any claims for damages arising out of this Program Agreement.
Client agrees not to disparage or make negative statements about Company or Company’s services including the coach or coaches selected.
8. Confidentiality and Non-disclosure of Training Materials and Information.
Client agrees to keep confidential all information obtained by participating in any of Company’s programs. This shall include but not be limited to Company’s books, training materials, lessons, questionnaires, surveys, client lists, other writings or electronically stored or recorded materials, and other information used in the delivery of coaching, training or facilitation services (Confidential Information). Client agrees to use such Confidential Information only for their own development and for no other purpose or use whatsoever. Client agrees that it shall not use, distribute, sell or otherwise transfer any of the material obtained by participating in any of Company’s programs for their own commercial purposes. Client agrees that Company owns or has licensed all the material disseminated in its programs; any attempt to use the material for commercial purposes will infringe upon or violate Company’s intellectual property and/or other rights in the material.
Client agrees that he or she shall not use the coach(es) assigned under this Program Agreement outside of this Agreement with Company without express written authorization of Company. Any violation of this provision will result in irreparable harm to Company to be remedied in accordance with paragraph 13 below entitled “Remedies.”
10. Intellectual Property.
I understand and agree that Company’s programs contain intellectual property that is protected by the laws of the United States as well as international law. I understand and agree that I may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material from Company’s Programs or any of Company’s sites. I understand and agree that I do not own, control or share in any of the copyrights or technology of Company’s program materials including without limitation any videos, audios, emails, text messages or other materials or resources delivered under the Programs. I understand and agree that I have only a non-exclusive, non-transferable right to use for my own development and growth the Program materials. I agree that the materials and my program access is nontransferable and I agree not to share it or allow another person access with my purchased admission.
Additionally, I agree that all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and written program materials and content (“Content”) is owned, controlled or licensed by or to Company and is protected by copyright, patent and trademark laws and other intellectual property rights and laws against unfair competition.
No part of this site, and no content, may be copied, reproduced, republished, uploaded, posted, publicly duplicated, transmitted or distributed in any way electronically or otherwise, to any other site, server, or otherwise published or distributed for any commercial gain, profit or enterprise.
Any violation of the provisions of this paragraph will result in an automatic termination of my participation and no refunds will be allowed. Also, any violation will be subject to the “Remedies” section at Paragraph 13 below.
11. DMCA Policy.
Company responds to claims of copyright infringement. Company’s policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a Digital Millennium Copyright Act (“DMCA”) compliance notice is provided to us. In accordance with the DMCA we have designated an agent to receive notification of alleged copyright infringement occurring on our website. If you believe that your copyrighted work is being infringed, notify the designated agent: Zhennovate, LLC, at [email protected], 150 Central Park Square, Los Alamos, NM 87544.
The Digital Millennium Copyright Act DMCA requires that all infringement claims must be in writing and must include the following information:
a). A description of the copyrighted work claimed to have been infringed;
b). A description of the infringing material and information reasonably sufficient to permit us to locate the material;
c) Your contact information, including your mailing address, telephone number, and email address;
d) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
e) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
f). A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
12. Email Policy.
I understand and agree that by providing Company with my email address, cell phone number and other information that I have expressly granted Company the right to contact me by email and/or text messaging. Further, as Company is providing the coaching services electronically and by text messaging, I understand and agree that the Company may deliver those services via email, text or otherwise as described in the program descriptions.
Client acknowledges and agrees that any violation of the Confidential Information provisions, the exclusivity provisions or the intellectual property provisions of the prior paragraphs will cause Company to suffer irreparable harm for which Company will not have any adequate remedy at law. Client agrees that Company shall be entitled to injunctive relief without bond, including, but not limited to, temporary restraining orders and/or preliminary or permanent injunctions, to restrain or enjoin any violation or threatened violation. Company’s right to injunctive relief shall be in addition to, and not in lieu of, any other legal or equitable remedies that may be available to Company, including but not limited to monetary damages to the extent they are calculable. Any action for injunctive relief shall be brought exclusively in the courts located in or having jurisdiction over Los Alamos County, New Mexico.
14. New Mexico Law Governs.
This Agreement between Company and me is formed in New Mexico where Company maintains its principal place of business and therefore this Agreement and any dispute arising between the Parties to this Agreement shall be governed by the laws of New Mexico without regard to its conflict of laws or choice of laws principles.
15. Dispute Resolution.
The Parties agree that any and all disputes between them shall be resolved exclusively by arbitration to be conducted in Los Alamos County, New Mexico, pursuant to the rules of the American Arbitration Association. Client irrevocably consents to personal jurisdiction in New Mexico. In addition, the Parties agree to waive their right to trial by jury.
16. Prevailing Parties.
In the event of a dispute between the parties arising out of this Agreement, including a dispute over unpaid services fees, the prevailing party shall be entitled to recover from the non-prevailing party all of its attorney’s fees and costs.
17. Forbearance to not be Waiver.
The failure or forbearance of Company to exercise any of its rights under this Agreement shall not serve as a waiver of any future right to so enforce or exercise any or all of its rights, nor shall it serve as a modification of this Agreement.
18. Force Majeure.
Neither party will be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its control, including and without limitation: weather; failures or fluctuations in electric power, heat, light, air conditioning or telecommunication equipment; strikes, lockouts, or other industrial disturbances; civil disturbances; acts of war; acts of terrorism; fires; or acts of God. Neither party shall, however, be excused from performance if nonperformance is due to causes which are removable or remediable and which the non-performing party could have, with the exercise of reasonable diligence, resolved or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance, give written notice to the other party describing the force majeure circumstances preventing continued performance of the obligations of the Agreement.
19. Updates or Modifications to this Terms and Conditions of Use Agreement.
Any updates or modifications to the terms and conditions of this Agreement will be published conspicuously on www.zhennovate.com and Client’s continued use after the publication of any updated, revised or modified terms and conditions shall be deemed acceptance by Client.