Coaching Cognition
Terms and Conditions of Use Agreement



1. Introduction

This Terms and Conditions of Use Agreement (this "Agreement") is by and between you and Coaching Cognition, LLC ("Coaching Cognition", "we", "us"). Your purchase may include enrollment into products named "Coaching Cognition", "School of Online Business" or one of our "Branding" programs. This Agreement applies to persons who visit, purchase from, or otherwise use the Coaching Cognition website and any of our services and products. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS THE COACHING COGNITION WEBSITE.

2. About Coaching Cognition

Our website, www.coachingcognition.com, is focused on 3 functions. 1) Facilitating coaching and consulting services by aiding coaches in listing their coaching services and allowing clients to purchase credits through the website to be used to purchase coaching and consulting services. 2) We also provide a series of training courses that users can sign up to attend to become certified coaches. 3) We also provide business development, branding and marketing training and provide tools to facilitate the marketing of products and services outside of the coaching industry.

3. Availability and Eligibility

Our website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our website is not available to children (persons under the age of 18). Our website is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to applicable law or regulation. By offering our website no distribution or solicitation is made by us to any person to use our website in jurisdictions where the provision of such sites or services is prohibited by law. Competitors are not authorized to access or use our website without express, written permission from us in advance of such access. If you do not qualify, please do not use our website.

4. User's Responsibilities and Acknowledgements

As a user of our website, you are obligated to read this Agreement and our Privacy Policy before you utilize our website, purchase anything from us, or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge and agree that we do not offer legal or financial advice.

5. Purchases, Refunds and Cancellation Policy

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of our website, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of our website or for any service offered on or through our website, the latter terms shall control with respect to your use of that portion of our website or the specific service.

We may make changes to any products or services offered on our website, or to the applicable prices for any such products or services, at any time, without notice. The materials on our website with respect to products and services may be out of date, and we make no commitment to update the materials on our website with respect to such products and services.

If you choose to purchase credits or training through our website, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. We will not solicit or share your data with anyone or any company. It will be kept solely for the use of your order with Coaching Cognition, LLC and with our sister school, The School of Online Business co/ Marketing Merge, INC.

If the credit card you have on file for a recurring payment is declined during an attempt to charge it, we will continue to attempt charging your credit card periodically until payment is rendered. Your access to the student-only areas will be restricted until the payment is processed successfully. If the payment is not received within 3 business days, up to 100 credits will be deducted from your account, or a $75 per week minimum late fee will incur, if you do not have such credits. The account will be restored upon successful payment in full or considered in "good standing."

By acknowledging our terms and conditions at the time of purchase, you have entered a legal and binding agreement with us to fully pay for the credits or product order purchased whether in a single payment or in a payment plan.

If you purchase a product that offers a payment plan spread out over a period of time, you agree to make all future payments until the product has been paid for in full. If you enrolled in The School of Online Business or Whole Life EDU’s Branding Groups, you acknowledge there are no refunds or cancellations to such programs.

6. Restricted Activities

You are prohibited from any use of our website or its content that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability.

The information you provide to us and your activities on our website will not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with our website; or (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any of our website content without our prior express written permission.

Materials in our website are copyrighted and all rights are reserved. Text, graphics, databases, code (including HTML and ASP code), schemes, logics, functions, routines, and other intellectual property may not be copied, reprinted, published, reengineered, reverse engineered, translated, hosted, or otherwise distributed by any means without our explicit permission. You may not redistribute any of these materials in any way.

You may not consummate any transaction on our website, or one that was initiated using our website, that could cause us to violate any applicable law, statute, ordinance or regulation.

All of the trademarks on this site are our trademarks or those of other respective owners used with their permission.

7. Termination and Breach

If you have fulfilled your financial obligations as per your agreement for your enrollment or purchases, you may terminate this Agreement, with or without cause, by submitting a cancellation notice to support@coachingcognition.com (see Section 5). Upon termination, you must destroy all materials obtained from our website and all copies thereof, whether made under the terms of this Agreement or otherwise.

We can terminate this Agreement at any time, with or without cause. Without limiting other remedies, we may limit your activity, issue a warning or temporarily suspend, indefinitely suspend or refuse to provide our services to you if, in our sole judgment: (a) you have breached, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our other users or us. If you breach this Agreement, we will not issue any refunds of any amount to you.

8. Security and Privacy

Certain features or services offered on or through our website may require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to our website due to someone else using your user name, password or account as a result of your failing to keep your account information secure and confidential.

Our Privacy Policy, which is posted on our website, applies to your use of our website, and its terms are made a part of this Agreement by this reference. Because we may change the Privacy Policy in the future, you should check the Privacy Policy frequently for changes.

9. Third-Party Providers and Links to Third-Party Websites

Our services are frequently provided by consultants and coaches who are self-employed, employed by third parties, or otherwise not subject to our direct oversight and control. While we endeavor to insure that these consultants and coaches have the necessary background and experience to render sound advice, we do not guarantee such advice and are not liable for any damages that may result from the use or inability to use such advice.

There may be links established between this website and other websites on the Internet that are not under our control or maintained by us. The linked websites are for your convenience only and you access them at your own risk. Such links do not necessarily constitute an endorsement by us of those websites. We undertake no obligation to monitor such websites, and you agree that we are not responsible for the content of such websites or any technical (or other) problems associated with any such third-party websites, links or usage.

10. Intellectual Property

Our website contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on our website except as permitted under the applicable laws. You accept, understand and agree that you do not own, control or share in any of the copyrights or technology of our website or any videos, audios, or other materials or resources available at our website. We reserve all rights and no intellectual property rights are conferred by this Agreement. We grant you a non-exclusive, non-transferable website usage license to enter and use the website, and we make its content and features accessible to you on a limited basis subject to this Agreement.

Nothing in this Agreement authorizes you to create any database, index, directory or hard copy publication of (or from) our website and data, whether for internal or external distribution or use.

11. DMCA Policy

We take claims of copyright infringement very seriously. Our 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 specified below:

Coaching Cognition, LLC.
Attn: DMCA Designated Agent
4052 NE 30th Ave
Portland, OR 97212
support@coachingcognition.com

The Digital Millennium Copyright Act DMCA requires that all infringement claims must be in writing and must include the following information:

  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit us to locate the material;
  • Your contact information, including your mailing address, telephone number, and email address;
  • 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;
  • 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
  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.


12. Email Policy

Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. You may opt out of receiving future emails by following the instructions at the bottom of each of our email messages.

13. Liability

The performance of our website and all materials, features and functions contained in or on, or downloaded or accessed from, our website are provided to you on an "as is" basis, without warranties of any kind whatsoever, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose or non-infringement of the rights of third parties.

We will not be responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof, including any injury or damage to your or any other person's computer, as a result of using our website or the services offered and used in association with your use of our website. Further, we do not warrant that the features, data and functions contained in the materials or website will be uninterrupted or error- free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the materials, features, data or functions in our website in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost and risk of using our website and its services. (Applicable law may not allow the exclusion of implied warranties, so the preceding exclusion may not apply to you.)

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to our website, or any portion of our website, for any reason; (2) to modify or change our website, or any portion of our website, and any applicable policies or terms; and (3) to interrupt the operation of our website, or any portion of our website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

14. Indemnity

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party which relates directly or indirectly to your use of our website, including but not limited to any claim arising out of your violation of this Agreement or your use of our website in violation of this Agreement or any applicable law related to your use of our website. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree in any event not to settle any such claim or matter without our prior written consent. You further agree to indemnify and hold us harmless from any claim arising from a third party's use of information or materials of any kind that you post to our website.

15. Dispute Resolution

If a dispute arises under this Agreement, you and we agree to first try to resolve it with the help of a mediator that we mutually agree upon in Portland,Oregon.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, you and we agree to submit the dispute to binding arbitration in Portland, Oregon, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.

You agree that you will notify us in writing of any claim or dispute concerning or relating to our website and the information or services provided through it and give us a reasonable period of time to address it before initiating mediation or arbitration.

16. Uploading Photos

When you upload any photo or photos to our website, you agree that we may use them to display at various community online areas unless you specifically instruct us not to display them.

17. Our Right to Amend this Agreement

We have the right, in our sole discretion, to modify, add or remove any terms or conditions of this Agreement without notice or liability to you. Any changes to this Agreement will be effective immediately after they are posted on this website or you are notified by email of such changes. Your continued use of our website and our services following our posting or email notification of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, you should not continue to use our website or services.

18. General Provisions

This Agreement will be governed by and construed in accordance with the laws (excluding the law of conflict of laws) of the State of Oregon. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT. In the event that any of the provisions contained in this Agreement are held to be unenforceable, this Agreement will be construed without such provisions. No waiver by either party of any breach of any provision of this Agreement will constitute a waiver of any other breach of that or any other provision of this Agreement.

19. Earnings Disclaimer

There can be no assurance as to any particular financial outcome based on the use of our Website, or by taking advantage of our consulting, coaching or services.

We do not claim that your business revenue or income will increase. We do not guarantee you will generate income because there are too many unpredictable variables involved to allow for such a claim. This is why the FTC requires such a disclaimer.

If you find that any representative at Coaching Cognition, Inc or Marketing Merge, Inc, or any websites (www.schoolofonlinebusiness.com, www.wholelifeedu.com, www.coachingcognition.com), shares information that leads you to interpret that a statement has been given regarding what you can expect to earn in your business, please report it to us immediately at support@schoolofonlinebusiness.com.

We are very careful to focus our testimonials and objectives upon your business and marketing skill development, and developing specific areas of your business and marketing, which might include (depending on your enrollment package) developing your products, services, branding, marketing, website, blog, advertising, communication skills, business plan or action plan.

While we aim to provide testimonials that focus on skill development, some may include information about results they have received in their business as a direct result of our services.

Remember that their results have nothing to do with what results you can expect to receive in your business and are only shown to demonstrate examples of what others have achieved in working with us.

By working with us, you agree that we are not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or services. You are solely responsible for your results.

20. Contact Us

If you need to contact us with questions regarding this Agreement, please do so in writing to:

support@coachingcognition.com
 
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