1. Program Access & Fees
Subject to your acceptance of these Terms and upon receipt of the Service Fee set out herein, JMCS shall provide you access to the Program and related Services, including any training modules, coaching calls or other Program content. You will be provided access to the Program and Services for the duration of the Term. Prior to the Program start date, you, or a third party on your behalf, shall pay JMCS $2000.00 plus applicable taxes for your access to Services (the “Service Fee”). In our sole discretion, we may allow the Service Fee to be paid in installments during the Term. Payment of the Service Fee is due upon receipt of invoice.
To secure your enrollment in the Program, you will be required to pay us a deposit in the amount of $500.00 (the “Deposit”). The Deposit is non-refundable unless you notify us that you no longer wish to participate in the Program a minimum of thirty (30) days prior to the Program start date. If you continue with the Program, the Deposit will be applied against the Service Fee owing to us for the Services.
2. Term & Termination
These Terms shall come into force as soon as they are accepted by you and shall remain in effect unless earlier terminated as set out herein (the “Term”). We may terminate these Terms, and your access to the Services, at any time, in our sole discretion. We are not responsible for any loss or harm related to your inability to access or use our Services. Subject to Section 1, once payment has been made to JMCS from you a third party on your behalf, no returns or refunds will be available for the Services. We reserve the right to modify our Services at any time. You also have the right to stop using the Services at any time, in which case no refunds will be issued. We are not responsible for any loss or harm related to your inability to access or use our Services.
3. Ownership of Information
We retain complete ownership of the Program and the Services, including all information and material provided to you during the Services, which includes without limitation all content, copyright, patents, trademarks, trade secrets, intellectual property rights, and any other rights arising from any designs, and all work products, and material conceived, developed, and created by JMCS or its agents and any rights ancillary thereto (collectively, “Intellectual Property Rights”). Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal, non-commercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and will violate our Intellectual Property Rights. “Brave Leadership for Women” and our logos, our product or service names, our slogans and the look and feel of the Services are the exclusive property and may not be copied, imitated or used, in whole or in part, without our prior written permission. You shall not transfer, disseminate, reproduce, or resell Program content in any way to anyone. We may at any time, in our sole discretion, revoke or disable anyone’s access to all, or part of, the Program or alter, modify, consolidate, omit, or delete any of the Program’s content.
4. User Conduct
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In the course of using our Services and anytime thereafter, you will not: i) Engage in any harassing, threatening, intimidating or predatory conduct; ii) Impersonate or post on behalf of any person or entity without their authorization or otherwise misrepresent your affiliation with a person or entity; iii) Sell, resell or commercially use our Services; iv) Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; v) Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; vi) Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; or vii) Reverse engineer, decompile, or disassemble any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services. Failure by us to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances.
Except with your express consent, we shall keep i) your participation in the Program and ii) any information your share individually or in a group setting as part of the Services, confidential. Our commitment to confidentiality does not apply to any information that: i) we are required by law to disclose; ii) leads us or a facilitator of the Services to reasonably believe there is an imminent or likely risk of danger or harm to you or others; or iii) involves illegal activity. Given that the Services are conducted in a group setting, you commit to keeping all information shared by any members of the Program completely confidential.
For continuing education and credentialing the International Federation of Coaching (ICF) may require the names and contact information of the people JMCS coaches for verification purposes. By accepting these Terms, you agree to have your name, contact information and start and end dates of coaching shared with the ICF staff and/or other parties involved in this verification process for the sole purpose of verifying the coaching relationship. No personal notes will be shared.
6. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. JMCS does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
7. Warranties & Disclaimers
The coaching process is dynamic and no guarantees about specific results can be made. We will work together and engage in ongoing dialogue through the process to ensure you are on track, however, your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, or any guarantees that the Services will create a specific intended result. The content and materials made available through the Services are provided solely for informational purposes and are not intended to provide specific therapeutic, counselling or medical advice and you should not rely upon the content and materials as such.
We and our agents (individually and collectively including JMCS, the “JMCS Parties”) will not be liable to you for any indirect, consequential, incidental or special damages or lost profits, even if any of the JMCS Parties have been advised of the possibility of such damages. The total liability of the JMCS Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited the amount paid by you, or a third party on your behalf, to use our Services. The provisions of this Section shall survive the completion of the Services hereunder or any termination related thereto.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the Province of British Columbia and the applicable laws of Canada, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the City of Vancouver before the courts of the Province of British Columbia. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms shall be binding upon and shall enure to the benefit of the parties and their respective successors and permitted assigns. Each of the Parties confirms it has received independent legal advice relating to all matters provided in these Terms and/or waives the right to the same, and agrees, having considered the terms of this Agreement as a whole, that these Terms are fair and reasonable. The failure of JMCS to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. You agree that communications and transactions between us may be conducted electronically.