INTRODUCTION & ACCEPTANCE
These membership terms and conditions for the The XCHANGE (the “Membership”) hosted by CONSCIOUSXCHANGE LLC ( CXC, the “Company”, “we”, “us” and “our”) are entered into between you (“Member”, “you”, and “your”) and CXC, collectively the Parties or individually, a Party.
These membership terms and conditions (“Membership Terms”) are a legally binding agreement and subject to the Terms of Service, Privacy Policy and other applicable website terms governing www.consciousxchange.com (collectively, “Website Terms”). If there is any contradiction between these Membership Terms and any Website Terms, the Membership Terms shall govern.
The Membership is hosted via a third party platform. It is your responsibility to be familiar with their website terms and conditions and privacy policy which these Membership Terms are also subject to. The third party platform can change at any time.
By purchasing the Membership you agree to abide by the Membership Terms, Website Terms and any amendments. You further certify that you have read these Membership Terms and, before making any purchase, have had the opportunity to ask questions to ensure you understand these Membership Terms by contacting us at community@consciousxchange.com.
If you do not agree to or understand these Membership Terms and/or the Website Terms, please do not continue with this purchase.
In consideration of these services and of the mutual benefits and obligations in this Agreement, the Parties agree to be bound by and comply with these terms and conditions:
AMENDMENTS
We reserve the right to make amendments to these Membership Terms at any time and will give you notice of such via the contact email you provide us or via a public manner within the Membership. Your continued use of the Membership will constitute your acceptance of the
amended Membership Terms. Should you choose to discontinue the Membership instead, you will still be responsible for outstanding or remaining payments for the period of time you committed to upon registering for the Membership.
We also reserve the right to make amendments to the Membership features and benefits including, but not limited to, the right to discontinue, change, or otherwise alter the packages, offerings, promotions, content, and any other feature of the Membership at our discretion. Where there are changes to payments, you will be notified at least 60 calendar days in advance.
MEMBERSHIP
Purpose. The purpose of the Membership is to cultivate quality and trusted community and collaboration among business owners. Benefits and Features. As a member, you will receive or have access to the following benefits and features:
● Access to a private community hosted by CXC
● Guest speakers
● Live networking among members
● Access to educational resources
● Coaching assistance in group dynamics from the CXC coaching team
● Access to select workshops and events
You understand that your membership access guarantees you access to our private membership community but the other benefits and features of the Membership are subject to change or may not be provided as frequently as advertised.
Bonuses and Promotions. Bonuses and promotions related to the Membership will be valid subject to the terms they are advertised under.
Member Duties. You agree to abide by any rules or community guidelines put in place by CXC and that may be amended or supplemented from time to time; conduct yourself professionally and respectfully with other members in any forum of the Membership and with the team and staff of CXC; and provide information necessary to maintain membership status.
Respect all Members. We encourage members to engage in dialogue regarding issues that may be deemed sensitive, “political” or controversial so long as it is (1) done in an entirely professional, appropriate and respectful manner and (2) dialogue is centered on or significantly related to general business dynamics and operations. It is entirely your responsibility to conduct yourself in the appropriate manner. We will not tolerate behavior or rhetoric that may disrupt the dynamics of the membership community or go against CXC’s values including, but not limited to behavior or rhetoric that may be construed as harassment, intimidation, harmful, discriminatory, offensive, inappropriate, derogatory or prejudice due to one's race, color, ethnicity, diagnosis, gender or gender expression, sexual orientation or expression, religion, age, disability, pregnancy status, mental health or medical conditions or any other characteristic. Whether a member’s behavior or rhetoric is unacceptable or inappropriate will solely be determined by CXC and may result in suspension or revocation of your membership if it is decided you have acted in this manner.
Privacy and Confidentiality. User Generated Content (UGC), as defined herein, and content provided by CXC including its Intellectual Property, as defined herein, are considered confidential information. You are not authorized to share such contents with people who are not members. Nor are you authorized to provide your access or login information to others for any purpose.
You understand that although we strive to provide a safe environment for all members, we cannot guarantee the confidentiality of the information you share with the Membership, with individual members and in areas within the Membership. Any UGC will be considered public information for purposes of these Membership Terms and you understand you assume the risk of your UGC being shared with others. CXC will not be liable in the event that your confidential information is shared.
Non Disparagement. You agree to refrain from making any disparaging statements, public or otherwise, about CXC, the Membership and your membership experience.
Revocation of Membership. We reserve the right to suspend or revoke your membership access and privileges if your conduct violates any of these Membership Terms, rules, community guidelines or other aspects of Membership governance.
Not a Client of CXC. Your status as a Member does not make you a client of CXC. You must sign a separate agreement to become a client of CXC.
PAYMENT & BILLING TERMS
Currency. All payments will be billed in USD.
Standard Initial Payment. Your initial membership payment will be $297.00 to cover the payment for the initial three months of your membership (“Initial Membership Period”). This payment is required to be paid in full and cannot be refunded regardless of whether you decide to terminate your membership before the three-month term has ended. This payment will also be required any time you cancel your membership and later decide to sign up again.
Standard Quarterly Membership Payment. You will be responsible for $297.00 per quarter after the Initial Membership Period. One quarter under these Membership Terms is 90 calendar days. Your payment will be due and automatically charged every 90 days from the date of your first payment. By agreeing to these Membership Terms, you warrant that you will keep a valid payment method on file with CXC at all times and will not remove your payment method without prior written consent from CXC; authorize CXC to charge your payment method on a recurring basis; and authorize us to charge your updated payment methods without requiring further consent.
Membership Cancellation. Your membership will automatically renew for another 90 days upon each payment unless you cancel at least 7 days before your next payment due date.
Payment Disputes, Refunds and Chargebacks. Payment disputes will be handled in accordance with the Dispute Resolution terms herein. No refunds will be provided for payments that have been processed. You agree not to initiate any chargebacks or payments disputes with your payment company against CXC without first engaging in “good faith” negotiation attempts as defined herein.
Lack of Use. Your membership payment is a fixed fee and not dependent on your use of the Membership which is entirely subject to your discretion. We hope you will put in the time to get the most benefit and value from the Membership, however you will remain responsible for payments regardless of your use, attendance and participation.
Events, Offers and Additional Fees. You may be charged additional fees for CXC events and other offers not included in the Membership. This includes exclusive offers, promotions for services, offers from CXC or invitees of CXC and permitted third parties.
Third Party Offers. If offers are made by third parties, including other members, CXC will not be responsible for facilitating those transactions. You are solely responsible for vetting any and all offers and promotions made by third parties before making any purchases or commitments.
CXC will not be responsible or liable for transactions gone awry.
INTELLECTUAL PROPERTY
Company Intellectual Property. Any intellectual property created or provided by CXC, including written, verbal, recorded or content in another form; worksheets, programs, resources of any kind, names, logos, slogans, frameworks, methodologies and other intellectual property subject to patent, trademark, trade secret or copyright protection (“Company IP”) belongs to Company.
License. You are permitted to use the Company IP for purposes of participating in the Membership. Under no circumstance can you use Company IP for commercial or other purposes without CXC’s prior written consent, nor are you permitted to hold out Company IP as intellectual property you created, invented or originated. Further, you are not permitted to copy, duplicate, record, screenshot, preserve or share in any form the Company IP. Violation of CXC’s Intellectual Property rights may result in revocation of your Membership privileges as well as potential legal damages.
User Generated Content. User Generated Content (UGC) is content you contribute to the Membership including posting text, graphics, videos, comments, audio, images, conversations or content in another form in any area within the Membership. You are responsible for the UGC you share in the Membership and by doing so warrant that (1) you own or have the license to share the UGC within the Membership; and (2) you are not violating or infringing on the rights of any third party by sharing the UGC. By sharing UGC you also grant CXC the right and license to use, modify, host, publicly share, distribute and make commercial use of the UGC without royalties or other payment due to you. We reserve the right to remove or request that you remove or modify your UGC from the Membership if it violates any of our Membership Terms or for any other reason. Failure to comply may result in revocation of your Membership privileges.
TERMINATION & CANCELLATION
By CXC. CXC reserves the right to terminate your membership subject to these Membership Terms including, but not limited to, harassment or abuse of other members; failure to make payment; administrative error; breach of these Membership Terms or any Website Terms; and inappropriate or illegal behavior.
By the Member. You can cancel your membership at any time. If your payment has already been processed, you will not receive a refund. Early termination will not relieve you of any outstanding payments. If you want to cancel your membership please send an email to community@consciousxchange.com at least 7 calendar days before your next monthly payment is due. You understand that, if you do not contact us at least 7 calendar days prior, we cannot guarantee a timely processing of your cancellation and you may still be responsible for the next month’s payment.
DISPUTE RESOLUTION POLICY
If you have any disputes with CXC regarding the Membership including, but not limited to, payment issues, Membership access, member relations or any matter related to these Membership Terms, you agree to do the following:
1. Contact community@consciousxchange.com within 5 calendar days of becoming aware of the dispute. In your email include: (a) a detailed summary of the dispute and (b) the desired resolution;
2. Engage in good faith dispute resolution efforts with CXC for at least 30 calendar days including responding to correspondence from CXC within 3 calendar days, and putting forth genuine effort to resolve the dispute; and
3. If good faith efforts fail after 30 calendar days, you agree to resolve the dispute via mediation with a mutually agreed upon mediator.
DISCLAIMERS & NO GUARANTEES
We make no promises, representations or guarantees about any outcomes, opportunities or experiences for your personal, professional or other endeavors as a result of being part of this Membership. Any testimonials by current or former members should not be construed as a representation of the experience every member will have. Any comments or opinions of CXC or its representatives and partners are considered general opinions and not advice, direction or promises regarding the Membership. Any progress or other impact from the Membership will solely be based on your participation, engagement, interaction with other members, attendance, consumption and application of resources and your own conduct.
INTRODUCTION
These Group Coaching Terms and Conditions (“Agreement”) are entered into by CONSCIOUSXCHANGE, a Nevada Limited Liability Company (“CXC”, “we”, “us”, and “our”) and you, the purchaser of this program (“Client” “you” and “your”), collectively, the Parties orindividually, a Party, subject to this Agreement.
This Agreement is subject to our website Terms of Use, Privacy Policy, and other terms governing www.consciousxchange.com (collectively, “Website Terms”) and are incorporated herein by reference. If there is any conflict between this Agreement and any of our WebsiteTerms, this Agreement shall govern. WHEREAS You have engaged CXC for coaching services as described in this Agreement and CXC has the skill, knowledge, and expertise to deliver these services. In consideration of these services and of the mutual benefits and obligations in this Agreement, the Parties agree to be bound by and comply with these terms and conditions.
1. COACHING RELATIONSHIP
Coaching with CXC is an alliance designed to support you in finding clarity around your business strategy and professional endeavors. The coaching relationship is a partnership that requires your efforts, participation and decision-making. You are the only person who can makethe best decisions in pursuit of your business and professional goals.
The group coaching setting is not intended to be additional coaching assistance, rather it is intended to provide community and common ground by others who seek to overcome similar challenges or achieve similar business and professional goals.
Disclaimers. Coaching is not a replacement for advice provided by a licensed professional for services related to therapy or mental health, legal, financial, or medical matters. Coaching does not include any professional diagnosis, opinion, or treatment. Should you need help in one of the aforementioned areas, you agree to contact the appropriate professional as needed. CX does not guarantee any particular outcome, results, or transformation.
2. COACHING SERVICES
CXC will provide lifetime access to the digital course with access to CXC-created tools and worksheets to expedite learning. This is a DIY (do it yourself) course with no additional access to coaching outside of the services below:
Additional Coaching and Support. Additional 1:1 coaching/support calls with Carissa or the CXC co-consulting team are outside the scope of the digital course but are available to book with Carissa and other CXC facilitators for a separate cost.
3. CLIENT RESPONSIBILITIES
Our client relationship requires your participation for the best outcome. Your duties and responsibilities as a client include, but are not limited to: Communicating in a timely and efficient manner; Making successful payments on time; Attending or viewing all coaching calls; Completing and participating in any activities, exercises, assessments, or assignments prior to, during, or after calls; Keeping your contact information with CXC up to date; and abiding by the terms of this Agreement. You understand that your participation and execution of client duties will contribute to any outcome or results after participating in Coaching. As it relates to the group dynamics of our Coaching relationship, you agree to respect each group member, follow all rules of the group, refrain from soliciting or pitching other members during the coaching term, and communicate and behave in a professional manner at all times. We reserve the right to terminate this Agreement or limit your group participation to preserve the safety and integrity of the group environment if your conduct disrupts the dynamics of the group.
4. PAYMENT & PAYMENT POLICIES
For lifetime access to the course, payment for these services is as follows:
-$2,000 paid in full (w/ bonus 90-minute 1:1 session with Carissa)
-$2,000 paid in 2 consecutive installments of $1000
-$2,400 paid in 6 monthly installments of $400
-$3,000 paid in 12 monthly installments of $250
Your first payment will be due upon signing this Agreement. By signing this Agreement you consent to CXC automatically charging your payment method subject to your payment plan. It is your responsibility to keep your payment information updated and to avoid payment disruptions.
Late Fees. Failure to make payment on time, including payment disruptions not caused by CXC, will result in a $25.00 late fee per day to be due with the next payment or billed separately. If no payment is received after 14 days, we reserve the right to pause or terminate the Services,in our sole discretion, which may include loss of your access to Coaching services, materials, and communication platforms. Coaching Services will be considered automatically terminated by you if payment hasn’t been received after 30 days.
Payment Disputes. You agree to communicate any issues related to payment within 48 hours of you receiving a payment receipt or as soon as you are aware of issues related to payment including, but not limited to, inaccurate invoices, unauthorized charges, refunds, cancellations,and chargebacks. To initiate a payment dispute, send an email to programs@consciousxchange.com with a detailed summary of the dispute including the date you became aware of the dispute. CXC reserves the right to resolve payment disputes in accordance with the Dispute Resolution terms of this Agreement or to submit this dispute directly to mediation. Payment disputes may result in a pause of the Services if necessary to resolve the dispute in an amicable fashion. In the event you want to engage in a chargeback process, you agree to first engage in an informal, “good faith” (as defined in this Agreement) dispute resolution attempt for 30 days.
5. COMMUNICATION
Please communicate with CXC and Carissa (1) via email, and (2) Slack. We’ll respond to your communications within 2 business days, subject to our business hours. If you use any form of communication other than what’s approved above, you understand that you may not receive atimely response. If you don’t respond to our correspondence, for any reason, for 30 days, we reserve the right to terminate this Agreement by notifying you via email.
Business Hours. Our business hours are Monday through Friday from 9:00 am PST to 5:00 pm PST subject to any office closures which you’ll be notified of in advance.
6. TERM & CANCELLATIONS
This Agreement will come into effect upon signing and the completion of the required payment. The Services will conclude after 6 months of the program start date in accordance with the terms of this Agreement.
Cancellations & Refunds. Clients are expected to complete the program to its entirety and refunds will not be issued. Clients may give CXC 14 days notice for consideration of extenuating circumstances. CXC has the right to cancel the Services by giving 14 days notice of cancellation via email. If CXC has to cancel the Services, you will be notified via email and invited to negotiate an alternative to move forward if feasible under the circumstances or receive a refund for outstanding services. Under no circumstances, however, will refunds be issued for services rendered. Outstanding payments will come due within 14 days of any notice of cancellation.
7. INTELLECTUAL PROPERTY
You acknowledge that by virtue of receiving the Services, you are using and sharing materials that are the intellectual property of CXC including, but not limited to, the Power Play System™, coined phrases, terminology, named and unnamed frameworks, worksheets, materials, program names, recordings, course material, slogans, logos, and any other material subject to protection by trademark or copyright law. You understand you will be liable for damages caused by your violation of CXC’s intellectual property rights. All uploaded, documented, recorded, or other works created by CXC belong to CXC and are subject to copyright protection. CXC grants you a license to access and use these materials in your personal capacity and as needed to carry out the terms of this Agreement. You do not have permission to make use of these materials in a commercial fashion nor are you permitted to resell, duplicate, hold out as your own, create derivatives, make available for use to other persons, or otherwise modify or share this content without CXC’s prior written consent. You understand that you may be liable for damages should you violate these terms.
Group Sharing and Collaboration. Any intellectual property owned by you or other group members prior to engaging in Coaching belongs to that person. You recognize that ideas, strategies, methods, and other content shared by group members may be subject to protection by copyright, trademark, and other intellectual property law. Should intellectual property be shared or created as a result of any collaboration or discussion among members, it will be the members’ responsibility to decipher ownership and responsibilities as it pertains to that intellectual property. Please be mindful of sharing your intellectual property in group settings to ensure its confidentiality and protection.
8. CONFIDENTIALITY
Any information provided by you to CXC including, but not limited to, personally identifiable information, documents, recordings, and sharing of ideas and intellectual property, shall be kept strictly confidential and will not be shared with a third party without your written permission. By virtue of our business relationship, you may inadvertently gain access to confidential information of CXC. In that case, you agree to keep said information confidential and not disclose it to any third party or to the public without CXC’s prior written consent.
Group Confidentiality. Your duty of confidentiality extends to other group members. You agree to keep confidential all information shared by other group members including, but not limited to, strategies, methods, real or hypothetical stories, intellectual property, personal or identifying information, communications, content shared in group settings, and all other material whether written, oral, recorded or in other form. Although CXC strives to provide a secure and professional environment for all group members, we cannot guarantee the confidentiality of the information you share in group settings or with select group members. You should therefore treat any information shared in group settings as public information. The Parties’ duties regarding confidentiality will survive the termination of this Agreement.
9. RECORD RETENTION POLICY
CXC retains your documents, client information, recordings, and assignments under this Agreement for at least 10 years. These records will remain confidential and be used for internal business purposes only. We won’t share your records with any person that is not an agent or partner of CXC or who doesn’t sign a confidentiality agreement. If we use your information for testimonials, we’ll seek your permission, or your identity will remain confidential.
10. TESTIMONIALS
If you provide a written, video, or audio recorded testimonial during or after Coaching, you give us consent to use your testimonial publicly such as on our websites, social media, marketing materials, and at events. You can request we remove your testimonial by emailing us and we’ll do our best to accommodate your request except for removing your testimonial from materials that are permanent or already in circulation such as printed material.
11. TECHNOLOGY
You consent to the use of technology necessary to render the Services including, but not limited to, video conferencing, voice chatting, and recording programs and applications. You are responsible for becoming familiar with the privacy policies and terms of use of any third partytechnology used to render the Services before using them. Our use of this technology is not an endorsement. We reserve the right to add or switch the technology used without notice to you.
12. WARRANTIES
You warrant that you have the legal capacity to enter into and perform this Agreement; you are not violating any law or committing breach of another agreement with a third party by entering into this Agreement; and you have the financial resources to commit to this Agreement. We,CXC, warrant we have the expertise to deliver the Services.
13. DISPUTE RESOLUTION
Any dispute, claim, or controversy relating to this Agreement must exclusively be resolved first via “good faith” negotiations by the Parties. In order to be considered “good faith”, the complaining Party must give the other Party written notice of the dispute within 3 days ofbecoming aware of the dispute and both parties must make a genuine effort to communicate and resolve the issue efficiently. If good faith attempts fail after 30 days of receiving notice, then the Parties agree to resolve the dispute through formal mediation with a mutually agreed upon mediator. Mediation to take place in Clark County, Nevada. The Parties will split the costs of mediation services equally.
Group Member Disputes. For disputes among members which do not involve CXC or the facilitation of Services, we trust the members are professional and respectful enough to take responsibility for their actions and resolve disputes on their own. We reserve the right tointervene as necessary in order to prevent disruption of the group dynamics or impact the experience of group members including, but not limited to, modifying or limiting your access to group settings or terminating this Agreement altogether.
14. FORCE MAJEURE
Neither Party will be liable for a failure or delay in performance caused by circumstances or an event beyond their reasonable control, except where a Party could have prevented such circumstances or events through reasonable and customary precautions. These circumstancesinclude but are not limited to, cyber attacks, epidemics, floods, pandemics, COVID-19, quarantines, government regulations, war, riots, earthquakes, hurricanes, acts of God, and events deemed “Force Majeure” under Nevada law. Force Majeure does not include unforeseeable loss of income, revenue, or changes in economic conditions. In the event of a Force Majeure occurrence, the Parties agree to exercise “good faith” efforts to resolve the impacts of the Force Majeure event in the best interests of both parties. Force Majeure events will not excuse you from making outstanding payments or payments for services rendered.
15. LIMITATION OF LIABILITY
CXC LIMITS ITS LIABILITY TO YOU TO THE EXTENT PERMITTED BY LAW AND WILL NOT BE LIABLE FOR DAMAGES AS IT RELATES TO THE SERVICES. IN NO EVENT SHALL CXC BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING THE AMOUNT PAID FOR UNDER THE TERMS OF THIS AGREEMENT.
16. INDEMNIFICATION
You agree to defend, indemnify and hold harmless CXC and its agents from and against all third party claims, liabilities, losses, damages, costs, expenses, judgments or penalties arising out of or related to this Agreement where you are found to act with negligence, gross negligence, fraud or intent.
17. ADDITIONAL TERMS
Governing Law. This Agreement shall be construed and governed by the laws of the state of Nevada without conflicts of law.
Notices. All notices referenced in this Agreement shall be made in writing. Days. All days referenced in this Agreement are calendar days unless otherwise stated.
No Waiver. The failure of a party to require strict performance of any provision of this Agreement by the other shall not be construed as a waiver of any right or remedy.
Assignment. The responsibilities under this Agreement cannot be assigned to another person.
Attorneys Fees. The Parties shall be responsible for their own attorneys’ fees.
Severability. If a provision in this Agreement is found to be invalid or unenforceable, it will not affect the validity or enforceability of any other provision in this Agreement.
Amendments. These terms may be amended by a written agreement between the Parties.
Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes all prior agreements, representations, or understandings whether written, oral, implied, or otherwise between the Parties.
Questions. If you have questions about the terms of this Agreement, please contact us at programs@consciousxchange.com.
By continuing with this purchase you accept and agree to abide by the terms of this Agreement.
INTRODUCTION
These Group Coaching Terms and Conditions (“Agreement”) are entered into by CONSCIOUSXCHANGE, a Nevada Limited Liability Company (“CXC”, “we”, “us”, and “our”) and you, the purchaser of this program (“Client” “you” and “your”), collectively, the Parties orindividually, a Party, subject to this Agreement.
This Agreement is subject to our website Terms of Use, Privacy Policy, and other terms governing www.consciousxchange.com (collectively, “Website Terms”) and are incorporated herein by reference. If there is any conflict between this Agreement and any of our WebsiteTerms, this Agreement shall govern. WHEREAS You have engaged CXC for coaching services as described in this Agreement and CXC has the skill, knowledge, and expertise to deliver these services. In consideration of these services and of the mutual benefits and obligations in this Agreement, the Parties agree to be bound by and comply with these terms and conditions.
1. COACHING RELATIONSHIP
Coaching with CXC is an alliance designed to support you in finding clarity around your business strategy and professional endeavors. The coaching relationship is a partnership that requires your efforts, participation and decision-making. You are the only person who can makethe best decisions in pursuit of your business and professional goals.
The group coaching setting is not intended to be additional coaching assistance, rather it is intended to provide community and common ground by others who seek to overcome similar challenges or achieve similar business and professional goals.
Disclaimers. Coaching is not a replacement for advice provided by a licensed professional for services related to therapy or mental health, legal, financial, or medical matters. Coaching does not include any professional diagnosis, opinion, or treatment. Should you need help in one of the aforementioned areas, you agree to contact the appropriate professional as needed. CX does not guarantee any particular outcome, results, or transformation.
2. COACHING SERVICES
CXC will provide virtual, group coaching services either for a 6-month or 12-month period which will consist of the following (“Coaching” or the “Services”):
Additional Coaching and Support. Additional 1:1 coaching/support calls with the CXC co-consulting team are outside the scope of the group coaching program but are available to book with Carissa and other CXC facilitators for a separate cost.
3. CLIENT RESPONSIBILITIES
Our client relationship requires your participation for the best outcome. Your duties and responsibilities as a client include, but are not limited to: Communicating in a timely and efficient manner; Making successful payments on time; Attending or viewing all coaching calls; Completing and participating in any activities, exercises, assessments, or assignments prior to, during, or after calls; Keeping your contact information with CXC up to date; and abiding by the terms of this Agreement. You understand that your participation and execution of client duties will contribute to any outcome or results after participating in Coaching. As it relates to the group dynamics of our Coaching relationship, you agree to respect each group member, follow all rules of the group, refrain from soliciting or pitching other members during the coaching term, and communicate and behave in a professional manner at all times. We reserve the right to terminate this Agreement or limit your group participation to preserve the safety and integrity of the group environment if your conduct disrupts the dynamics of the group.
4. PAYMENT & PAYMENT POLICIES
For the 6 month program, payment options for these services is as follows:
-$5,000 paid in full due before the program begins w/ 1:1 Bonus Calls
-$5,000 paid in 2 quarterly installments of $2,500 due the 1st and 4th month
-$6,000 paid in 6 monthly installments of $1,000
Your first payment will be due upon signing this Agreement. By signing this Agreement you consent to CXC automatically charging your payment method subject to your payment plan. It is your responsibility to keep your payment information updated and to avoid payment disruptions.
By signing this Agreement you consent to CXC automatically charging your payment method subject to your payment plan. It is your responsibility to keep your payment information updated and to avoid payment disruptions.
Late Fees. Failure to make payment on time, including payment disruptions not caused by CXC, will result in a $25.00 late fee per day to be due with the next payment or billed separately. If no payment is received after 14 days, we reserve the right to pause or terminate the Services,in our sole discretion, which may include loss of your access to Coaching services, materials, and communication platforms. Coaching Services will be considered automatically terminated by you if payment hasn’t been received after 30 days.
Payment Disputes. You agree to communicate any issues related to payment within 48 hours of you receiving a payment receipt or as soon as you are aware of issues related to payment including, but not limited to, inaccurate invoices, unauthorized charges, refunds, cancellations,and chargebacks. To initiate a payment dispute, send an email to programs@consciousxchange.com with a detailed summary of the dispute including the date you became aware of the dispute. CXC reserves the right to resolve payment disputes in accordance with the Dispute Resolution terms of this Agreement or to submit this dispute directly to mediation. Payment disputes may result in a pause of the Services if necessary to resolve the dispute in an amicable fashion. In the event you want to engage in a chargeback process, you agree to first engage in an informal, “good faith” (as defined in this Agreement) dispute resolution attempt for 30 days.
5. COMMUNICATION
Please communicate with CXC and Carissa (1) via email, and (2) Slack. We’ll respond to your communications within 2 business days, subject to our business hours. If you use any form of communication other than what’s approved above, you understand that you may not receive atimely response. If you don’t respond to our correspondence, for any reason, for 30 days, we reserve the right to terminate this Agreement by notifying you via email.
Business Hours. Our business hours are Monday through Friday from 9:00 am PST to 5:00 pm PST subject to any office closures which you’ll be notified of in advance.
6. TERM & CANCELLATIONS
This Agreement will come into effect upon signing and the completion of the required payment. The Services will conclude after 6 months of the program start date in accordance with the terms of this Agreement.
Cancellations & Refunds. Clients are expected to complete the program to its entirety and refunds will not be issued. Clients may give CXC 14 days notice for consideration of extenuating circumstances. CXC has the right to cancel the Services by giving 14 days notice of cancellation via email. If CXC has to cancel the Services, you will be notified via email and invited to negotiate an alternative to move forward if feasible under the circumstances or receive a refund for outstanding services. Under no circumstances, however, will refunds be issued for services rendered. Outstanding payments will come due within 14 days of any notice of cancellation.
7. INTELLECTUAL PROPERTY
You acknowledge that by virtue of receiving the Services, you are using and sharing materials that are the intellectual property of CXC including, but not limited to, the Power Play System™, coined phrases, terminology, named and unnamed frameworks, worksheets, materials, program names, recordings, course material, slogans, logos, and any other material subject to protection by trademark or copyright law. You understand you will be liable for damages caused by your violation of CXC’s intellectual property rights. All uploaded, documented, recorded, or other works created by CXC belong to CXC and are subject to copyright protection. CXC grants you a license to access and use these materials in your personal capacity and as needed to carry out the terms of this Agreement. You do not have permission to make use of these materials in a commercial fashion nor are you permitted to resell, duplicate, hold out as your own, create derivatives, make available for use to other persons, or otherwise modify or share this content without CXC’s prior written consent. You understand that you may be liable for damages should you violate these terms.
Group Sharing and Collaboration. Any intellectual property owned by you or other group members prior to engaging in Coaching belongs to that person. You recognize that ideas, strategies, methods, and other content shared by group members may be subject to protection by copyright, trademark, and other intellectual property law. Should intellectual property be shared or created as a result of any collaboration or discussion among members, it will be the members’ responsibility to decipher ownership and responsibilities as it pertains to that intellectual property. Please be mindful of sharing your intellectual property in group settings to ensure its confidentiality and protection.
8. CONFIDENTIALITY
Any information provided by you to CXC including, but not limited to, personally identifiable information, documents, recordings, and sharing of ideas and intellectual property, shall be kept strictly confidential and will not be shared with a third party without your written permission. By virtue of our business relationship, you may inadvertently gain access to confidential information of CXC. In that case, you agree to keep said information confidential and not disclose it to any third party or to the public without CXC’s prior written consent.
Group Confidentiality. Your duty of confidentiality extends to other group members. You agree to keep confidential all information shared by other group members including, but not limited to, strategies, methods, real or hypothetical stories, intellectual property, personal or identifying information, communications, content shared in group settings, and all other material whether written, oral, recorded or in other form. Although CXC strives to provide a secure and professional environment for all group members, we cannot guarantee the confidentiality of the information you share in group settings or with select group members. You should therefore treat any information shared in group settings as public information. The Parties’ duties regarding confidentiality will survive the termination of this Agreement.
9. RECORD RETENTION POLICY
CXC retains your documents, client information, recordings, and assignments under this Agreement for at least 10 years. These records will remain confidential and be used for internal business purposes only. We won’t share your records with any person that is not an agent or partner of CXC or who doesn’t sign a confidentiality agreement. If we use your information for testimonials, we’ll seek your permission, or your identity will remain confidential.
10. TESTIMONIALS
If you provide a written, video, or audio recorded testimonial during or after Coaching, you give us consent to use your testimonial publicly such as on our websites, social media, marketing materials, and at events. You can request we remove your testimonial by emailing us and we’ll do our best to accommodate your request except for removing your testimonial from materials that are permanent or already in circulation such as printed material.
11. TECHNOLOGY
You consent to the use of technology necessary to render the Services including, but not limited to, video conferencing, voice chatting, and recording programs and applications. You are responsible for becoming familiar with the privacy policies and terms of use of any third partytechnology used to render the Services before using them. Our use of this technology is not an endorsement. We reserve the right to add or switch the technology used without notice to you.
12. WARRANTIES
You warrant that you have the legal capacity to enter into and perform this Agreement; you are not violating any law or committing breach of another agreement with a third party by entering into this Agreement; and you have the financial resources to commit to this Agreement. We,CXC, warrant we have the expertise to deliver the Services.
13. DISPUTE RESOLUTION
Any dispute, claim, or controversy relating to this Agreement must exclusively be resolved first via “good faith” negotiations by the Parties. In order to be considered “good faith”, the complaining Party must give the other Party written notice of the dispute within 3 days ofbecoming aware of the dispute and both parties must make a genuine effort to communicate and resolve the issue efficiently. If good faith attempts fail after 30 days of receiving notice, then the Parties agree to resolve the dispute through formal mediation with a mutually agreed upon mediator. Mediation to take place in Clark County, Nevada. The Parties will split the costs of mediation services equally.
Group Member Disputes. For disputes among members which do not involve CXC or the facilitation of Services, we trust the members are professional and respectful enough to take responsibility for their actions and resolve disputes on their own. We reserve the right tointervene as necessary in order to prevent disruption of the group dynamics or impact the experience of group members including, but not limited to, modifying or limiting your access to group settings or terminating this Agreement altogether.
14. FORCE MAJEURE
Neither Party will be liable for a failure or delay in performance caused by circumstances or an event beyond their reasonable control, except where a Party could have prevented such circumstances or events through reasonable and customary precautions. These circumstancesinclude but are not limited to, cyber attacks, epidemics, floods, pandemics, COVID-19, quarantines, government regulations, war, riots, earthquakes, hurricanes, acts of God, and events deemed “Force Majeure” under Nevada law. Force Majeure does not include unforeseeable loss of income, revenue, or changes in economic conditions. In the event of a Force Majeure occurrence, the Parties agree to exercise “good faith” efforts to resolve the impacts of the Force Majeure event in the best interests of both parties. Force Majeure events will not excuse you from making outstanding payments or payments for services rendered.
15. LIMITATION OF LIABILITY
CXC LIMITS ITS LIABILITY TO YOU TO THE EXTENT PERMITTED BY LAW AND WILL NOT BE LIABLE FOR DAMAGES AS IT RELATES TO THE SERVICES. IN NO EVENT SHALL CXC BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING THE AMOUNT PAID FOR UNDER THE TERMS OF THIS AGREEMENT.
16. INDEMNIFICATION
You agree to defend, indemnify and hold harmless CXC and its agents from and against all third party claims, liabilities, losses, damages, costs, expenses, judgments or penalties arising out of or related to this Agreement where you are found to act with negligence, gross negligence, fraud or intent.
17. ADDITIONAL TERMS
Governing Law. This Agreement shall be construed and governed by the laws of the state of Nevada without conflicts of law.
Notices. All notices referenced in this Agreement shall be made in writing. Days. All days referenced in this Agreement are calendar days unless otherwise stated.
No Waiver. The failure of a party to require strict performance of any provision of this Agreement by the other shall not be construed as a waiver of any right or remedy.
Assignment. The responsibilities under this Agreement cannot be assigned to another person.
Attorneys Fees. The Parties shall be responsible for their own attorneys’ fees.
Severability. If a provision in this Agreement is found to be invalid or unenforceable, it will not affect the validity or enforceability of any other provision in this Agreement.
Amendments. These terms may be amended by a written agreement between the Parties.
Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes all prior agreements, representations, or understandings whether written, oral, implied, or otherwise between the Parties.
Questions. If you have questions about the terms of this Agreement, please contact us at programs@consciousxchange.com.
By continuing with this purchase you accept and agree to abide by the terms of this Agreement.
These Group Coaching Terms and Conditions (“Agreement”) are entered into by CONSCIOUSXCHANGE, a Nevada Limited Liability Company (“CXC”, “we”, “us”, and “our”) and you, the purchaser of this coaching client agreement (“Client” “you” and “your”), collectively, the Parties or individually, a Party, subject to this Agreement.
This Agreement is subject to our website Terms of Use, Privacy Policy, and other terms governing www.consciousxchange.com (collectively, “Website Terms”) and are incorporated herein by reference. If there is any conflict between this Agreement and any of our WebsiteTerms, this Agreement shall govern. WHEREAS You have engaged CXC for coaching services as described in this Agreement and CXC has the skill, knowledge, and expertise to deliver these services. In consideration of these services and of the mutual benefits and obligations in this Agreement, the Parties agree to be bound by and comply with these terms and conditions.
1. SCOPE OF SERVICES
It is agreed that the Company will provide coaching services for the Client by engaging in a 1:1 coaching agreement. And includes the following:
The Company shall also provide Client with other material deemed relevant, at the sole discretion of the Company, including but in no way limited to resources based on the individual needs of the Client. The services contemplated in this Section 1 shall hereinafter be referred to collectively as “Services.” 1.1 The schedule of the meetings will be determined by Company and Client based on a mutually agreed upon time. Company and Client commit to start and finish each session on time. If Client is more than 15 minutes late for a session without prior notice, the Company will assume the session is cancelled, and the Client will forfeit the session.
1.2 Company will be reasonably available to Client via email and the Circle platform during normal business hours (9:00am – 5:00pm PST) between scheduled meetings, as defined by Company herein. Company shall respond to Client within twenty-four (24) to forty-eight (48) hours. The Client understands and acknowledges that the communications contemplated in this Section 1.2 are for email and text message exchanges only.
By entering into this Agreement, Company and Client acknowledge that Client wants to make significant progress and/or changes in their life. Coaching may address general conditions in the Client’s life or profession and/or specific personal projects or business success. Client hereby acknowledges and understands that Company in no way guarantees any results from the completion of this program.
2. CANCELLATION POLICY
Client agrees that it is the Client’s responsibility to notify Company twenty-four (24) hours in advance of the scheduled calls or meetings if they have a conflict or cannot make it to the scheduled session. Emergency cancellations made within twenty-four (24) hours of a scheduled call or meeting shall be evaluated on a case-by-case basis, at the sole discretion of the Company. Company reserves the right to bill Client for a missed meeting in the event that notice is not given to the Company within 24 hours of the scheduled call or meeting. Meetings may be rescheduled for the same week as the original intended meeting, at the Company’s discretion.
3. CONFIDENTIALITY
The Company will utilize its best efforts to maintain confidentiality of all communications, documented and/or verbal, that Client shares with Company. It should be noted, however, that a coach-client relationship is not considered a legally confidential relationship and therefore the communications between Client and Company are not subject to legal protection. Unless otherwise required by local, state or federal law, the Company agrees not to disclose any information relating to the Client without the Client’s written consent.
4. TERM/TERMINATION OF AGREEMENT
The term of this Agreement is 12 calendar months from the Effective Date hereinafter (“Term”). If Client desires to discontinue the coaching relationship, Client agrees to compensate Company for all coaching services contemplated herein, whether or not they have been rendered. Refunds are available in the Company’s sole discretion.
5. PAYMENT TERMS
For the 6-month/12-session package, payment options for these services is as follows:
-$8,000 paid in full due before the program begins
-$8,400 paid in 3 monthly installments of $2,800
-$8,700 paid in 6 monthly installments of $1,450
For the 12-month/24-session package, payment options for these services is as follows:
-$15,000 paid in full due before the program begins
-$15,900 paid in 6 monthly installments of $2,650
-$16,200 paid in 12 monthly installments of $1,350
Your first payment will be due upon signing this Agreement. By signing this Agreement you consent to CXC automatically charging your payment method subject to your payment plan. It is your responsibility to keep your payment information updated and to avoid payment disruptions.
Payment must be made through Stripe within two (2) days of the execution of this Agreement. In the event a payment is rejected, Company shall permit a two (2) day grace period. In the event a payment is rejected a second time due to insufficient funds, a late fee of $25 USD per day late shall apply. Refunds are only available at the Company’s sole discretion.
6. LIABILITY
Except as expressly provided in this Agreement, Company makes no guarantees, representations or warranties of any kind or nature, express or implied, with respect to the materials distributed and/or the coaching Services agreed upon per the terms of this Agreement. Therefore, the Client agrees and hereby waives and releases Company from any and all claims against Company of any nature or any kind arising out of, directly or indirectly, the terms, conditions, or provisions of this Agreement, including, but not limited to any direct, indirect, punitive, or consequential loss or damage of any kind or type.
7. INDEMNIFICATION
The Client hereby agrees to indemnify and hold harmless the Company, its’ affiliates, agents, employees, officers, and representatives from and against any and all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, that arise directly or indirectly from the Client’s breach of this Agreement or the Client’s use of the Company’s Services.
8. COPYRIGHT
Except as otherwise provided in writing, all creations, images and materials created by the Company shall remain the sole and exclusive property of the Company. Client has no permissions or authority to copy, scan, or reproduce said material in any form whatsoever without the Company’s written consent. Client does not have any right to portray or pass off materials created by the Company as his or her own work or the work of anyone else.
9. FORCE MAJEURE
The Company shall not be held liable or deemed to be in default of its obligations hereunder for any delay or failure in performance under the Agreement or other interruption of service resulting directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, war, accidents, pandemics, natural disasters or catastrophes, strikes, or other work stoppages or any other cause beyond the reasonable control of the party affected thereby. The Company shall utilize its best good faith efforts to perform such obligations to the extent of its ability to do so in the event of any such occurrence or circumstances.
10. MISCELLANEOUS
Coaching is an alliance, not a legal business partnership. Under no circumstances should this agreement be taken as the Company and the Client entering into a legal partnership. The Client is solely responsible for their own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship or interactions with the Company. By signing this Agreement, the Client understands and acknowledges that coaching does not involve the diagnosis or treatment of medical and/or mental disorders, and that life coaching is not to be used as a substitute for such. Client understands life coaching is not intended for diagnostic purposes and/or therapy and does not substitute for diagnostic purposes and/or therapy if needed. Client also understands that life coaching does not prevent, cure, or treat any mental disorder or medical disease. Nothing stated on the Company’s website or made available through the Services is intended to be, nor should it be taken to be, the practice of medicine or mental health counseling or care. The Services offered by the Company are designed for informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS WHATSOEVER ABOUT YOUR HEALTH OR THE CONTENT OF THE SERVICES, YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER PROFESSIONAL HEALTH-CARE PROVIDER. DO NOT UNDER ANY CIRCUMSTANCES AVOID, DELAY, OR DISREGARD OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE COMPANY’S WEBSITE OR THROUGH THE SERVICES. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THE USE OF ANY INFORMATION PROVIDED BY THE COMPANY THROUGH THE WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK.Client acknowledges that Company does not guarantee any specific outcome at the completion of the 1:1 coaching program.Testimonial and Image Release: The Client hereby gives permission to the Company and the Company’s officers, agents, employees, successors, licensees and assigns to take and/or use photographs, screen shots of conversations, video and/or sound recordings documenting any and all use of the Services offered by the Company, including but in no way limited to testimonials from the Client. The Client further understands and acknowledges that said photographs, screen shots, video and/or sound recordings may be used in print or electronic media and displayed on websites, blogs and possibly other media platforms maintained by the Company for the purpose of promoting the Services offered by the Company.Notice: Any notice required by this Agreement shall be deemed properly given when mailed by certified mail return receipt requested, or when sent via email with a confirmation of receipt.Governing Law: This Agreement shall be governed and interpreted pursuant to and in accordance with the laws of the State of Nevada.Binding: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
11. WAIVER
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
12. ENTIRE AGREEMENT
This Agreement constitutes the sole and entire agreement between the parties. No representation, promise or inducement not included in this Agreement shall be binding upon any party hereto. This Agreement and the terms and conditions herein may not be amended, modified, or waived except by written agreement between Company and the Client.
If any provision of this Agreement is held by a court or arbitration panel of competent jurisdiction to be unlawful, the remaining provisions of this Agreement shall remain in full force and effect to the extent that the Parties’ intent can be lawfully enforced. Furthermore, if any law or regulation governs the Parties’ conduct in connection with the goods or services provided by the Company to Client, pursuant to this Agreement or otherwise, and/or such law or regulation supersedes, invalidates, or voids any terms or conditions of this Agreement, any remaining terms and conditions shall remain in full force and effect.
These Group Coaching Terms and Conditions (“Agreement”) are entered into by CONSCIOUSXCHANGE, a Nevada Limited Liability Company (“CXC”, “we”, “us”, and “our”) and you, the purchaser of this coaching client agreement (“Client” “you” and “your”), collectively, the Parties or individually, a Party, subject to this Agreement.
This Agreement is subject to our website Terms of Use, Privacy Policy, and other terms governing www.consciousxchange.com (collectively, “Website Terms”) and are incorporated herein by reference. If there is any conflict between this Agreement and any of our WebsiteTerms, this Agreement shall govern. WHEREAS You have engaged CXC for coaching services as described in this Agreement and CXC has the skill, knowledge, and expertise to deliver these services. In consideration of these services and of the mutual benefits and obligations in this Agreement, the Parties agree to be bound by and comply with these terms and conditions.
1. SCOPE OF SERVICES
It is agreed that the Company will provide coaching services for the Client by engaging in a 1:1 coaching agreement. And includes a 60-minute coaching session with Carissa or Co-Coaches.
The Company shall also provide Client with other material deemed relevant, at the sole discretion of the Company, including but in no way limited to resources based on the individual needs of the Client. The services contemplated in this Section 1 shall hereinafter be referred to collectively as “Services.” 1.1 The schedule of the meetings will be determined by Company and Client based on a mutually agreed upon time. Company and Client commit to start and finish each session on time. If Client is more than 15 minutes late for a session without prior notice, the Company will assume the session is cancelled, and the Client will forfeit the session.
1.2 Company will be reasonably available to Client via email and the Circle platform during normal business hours (9:00am – 5:00pm PST) between scheduled meetings, as defined by Company herein. Company shall respond to Client within twenty-four (24) to forty-eight (48) hours. The Client understands and acknowledges that the communications contemplated in this Section 1.2 are for email and text message exchanges only.
By entering into this Agreement, Company and Client acknowledge that Client wants to make significant progress and/or changes in their life. Coaching may address general conditions in the Client’s life or profession and/or specific personal projects or business success. Client hereby acknowledges and understands that Company in no way guarantees any results from the completion of this program.
2. CANCELLATION POLICY
Client agrees that it is the Client’s responsibility to notify Company twenty-four (24) hours in advance of the scheduled calls or meetings if they have a conflict or cannot make it to the scheduled session. Emergency cancellations made within twenty-four (24) hours of a scheduled call or meeting shall be evaluated on a case-by-case basis, at the sole discretion of the Company. Company reserves the right to bill Client for a missed meeting in the event that notice is not given to the Company within 24 hours of the scheduled call or meeting. Meetings may be rescheduled for the same week as the original intended meeting, at the Company’s discretion.
3. CONFIDENTIALITY
The Company will utilize its best efforts to maintain confidentiality of all communications, documented and/or verbal, that Client shares with Company. It should be noted, however, that a coach-client relationship is not considered a legally confidential relationship and therefore the communications between Client and Company are not subject to legal protection. Unless otherwise required by local, state or federal law, the Company agrees not to disclose any information relating to the Client without the Client’s written consent.
4. TERM/TERMINATION OF AGREEMENT
The term of this Agreement is 12 calendar months from the Effective Date hereinafter (“Term”). Sessions cannot be scheduled indefinitely. All sessions must be used within 12-months of purchase and unused sessions outside of the expiration date will be forfeited. No refunds on unused sessions will be given. If Client desires to discontinue the coaching relationship prior to completion of package, Client agrees to compensate Company for all the entire package purchased whether or not they have been used. Refunds are available in the Company’s sole discretion.
5. PAYMENT TERMS
For clients outside of The XCHANGE community membership, Foundations to Freedom Course or Group Program or Leap to Liberation Group Program:
For current members of The XCHANGE and current clients in the Foundations to Freedom Course or Group Program or Leap to Liberation Group Program:
By signing this Agreement you consent to CXC automatically charging your payment method subject to your payment plan. It is your responsibility to keep your payment information updated and to avoid payment disruptions.
Payment must be made through Stripe within two (2) days of the execution of this Agreement. In the event a payment is rejected, Company shall permit a two (2) day grace period. In the event a payment is rejected a second time due to insufficient funds, a late fee of $25 USD per day late shall apply. Refunds are only available at the Company’s sole discretion.
6. LIABILITY
Except as expressly provided in this Agreement, Company makes no guarantees, representations or warranties of any kind or nature, express or implied, with respect to the materials distributed and/or the coaching Services agreed upon per the terms of this Agreement. Therefore, the Client agrees and hereby waives and releases Company from any and all claims against Company of any nature or any kind arising out of, directly or indirectly, the terms, conditions, or provisions of this Agreement, including, but not limited to any direct, indirect, punitive, or consequential loss or damage of any kind or type.
7. INDEMNIFICATION
The Client hereby agrees to indemnify and hold harmless the Company, its’ affiliates, agents, employees, officers, and representatives from and against any and all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, that arise directly or indirectly from the Client’s breach of this Agreement or the Client’s use of the Company’s Services.
8. COPYRIGHT
Except as otherwise provided in writing, all creations, images and materials created by the Company shall remain the sole and exclusive property of the Company. Client has no permissions or authority to copy, scan, or reproduce said material in any form whatsoever without the Company’s written consent. Client does not have any right to portray or pass off materials created by the Company as his or her own work or the work of anyone else.
9. FORCE MAJEURE
The Company shall not be held liable or deemed to be in default of its obligations hereunder for any delay or failure in performance under the Agreement or other interruption of service resulting directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, war, accidents, pandemics, natural disasters or catastrophes, strikes, or other work stoppages or any other cause beyond the reasonable control of the party affected thereby. The Company shall utilize its best good faith efforts to perform such obligations to the extent of its ability to do so in the event of any such occurrence or circumstances.
10. MISCELLANEOUS
Coaching is an alliance, not a legal business partnership. Under no circumstances should this agreement be taken as the Company and the Client entering into a legal partnership. The Client is solely responsible for their own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship or interactions with the Company. By signing this Agreement, the Client understands and acknowledges that coaching does not involve the diagnosis or treatment of medical and/or mental disorders, and that life coaching is not to be used as a substitute for such. Client understands life coaching is not intended for diagnostic purposes and/or therapy and does not substitute for diagnostic purposes and/or therapy if needed. Client also understands that life coaching does not prevent, cure, or treat any mental disorder or medical disease. Nothing stated on the Company’s website or made available through the Services is intended to be, nor should it be taken to be, the practice of medicine or mental health counseling or care. The Services offered by the Company are designed for informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS WHATSOEVER ABOUT YOUR HEALTH OR THE CONTENT OF THE SERVICES, YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER PROFESSIONAL HEALTH-CARE PROVIDER. DO NOT UNDER ANY CIRCUMSTANCES AVOID, DELAY, OR DISREGARD OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE COMPANY’S WEBSITE OR THROUGH THE SERVICES. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THE USE OF ANY INFORMATION PROVIDED BY THE COMPANY THROUGH THE WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK.Client acknowledges that Company does not guarantee any specific outcome at the completion of the 1:1 coaching program.Testimonial and Image Release: The Client hereby gives permission to the Company and the Company’s officers, agents, employees, successors, licensees and assigns to take and/or use photographs, screen shots of conversations, video and/or sound recordings documenting any and all use of the Services offered by the Company, including but in no way limited to testimonials from the Client. The Client further understands and acknowledges that said photographs, screen shots, video and/or sound recordings may be used in print or electronic media and displayed on websites, blogs and possibly other media platforms maintained by the Company for the purpose of promoting the Services offered by the Company.Notice: Any notice required by this Agreement shall be deemed properly given when mailed by certified mail return receipt requested, or when sent via email with a confirmation of receipt.Governing Law: This Agreement shall be governed and interpreted pursuant to and in accordance with the laws of the State of Nevada.Binding: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
11. WAIVER
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
12. ENTIRE AGREEMENT
This Agreement constitutes the sole and entire agreement between the parties. No representation, promise or inducement not included in this Agreement shall be binding upon any party hereto. This Agreement and the terms and conditions herein may not be amended, modified, or waived except by written agreement between Company and the Client.
If any provision of this Agreement is held by a court or arbitration panel of competent jurisdiction to be unlawful, the remaining provisions of this Agreement shall remain in full force and effect to the extent that the Parties’ intent can be lawfully enforced. Furthermore, if any law or regulation governs the Parties’ conduct in connection with the goods or services provided by the Company to Client, pursuant to this Agreement or otherwise, and/or such law or regulation supersedes, invalidates, or voids any terms or conditions of this Agreement, any remaining terms and conditions shall remain in full force and effect.
DISCLAIMER
The contents on our Website are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of any healthcare professional, or provide any medical advice, diagnosis, or treatment. If you have any questions or concerns about your physical or mental health, you should consult with a physician or other relevant health care professional. DO NOT AVOID, DELAY OR DISREGARD OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR PHYSICIAN OR OTHER RELEVANT HEALTH CARE PROFESSIONAL DUE TO SOMETHING YOU MAY HAVE READ OR SEEN ON THIS WEBSITE. The use of any and all information provided on this Website is solely at your own risk. NO ASSURANCE CAN BE GIVEN TO YOU THAT THE ADVICE CONTAINED HEREIN WILL INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO ANY PARTICULAR MATERIAL. You understand and acknowledge that if you rely on any of the information provided by this Website or the Services thereon, you do so solely at your own risk.
USER OBLIGATIONS
You agree to abide by all applicable local, state, national and international laws and regulations while using and accessing this Website. You also acknowledge and agree that your use of the Internet to access this Website is solely at your own risk.
Intellectual Property Ownership and Use
You agree and acknowledge that all of the copyrights, logos, trademarks, and any other intellectual property rights in all materials and content, including but not limited to any images, page layouts or designs, trade dress or other content (“Content”) contained on this Website are the sole and exclusive property of ConsciousXchange, LLC (the “Company”) unless otherwise specified. Access to the Website provides you with a limited right to use the material contained thereon. By accessing any material through the Website, you agree to refrain from the following:
1. Reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout or design, trade dress, trademark, logo or other content (“Content”) for any commercial purpose whatsoever;
2. Use data mining or an extraction tool or process to monitor, extract or copy any Website Content;
3. Engage in any activity whatsoever that interferes with the Website or another user’s ability to access and use of the Website;
4. Modify, create derivative works from, reverse engineer or disassemble any technology used to provide for and maintain the Website and the goods or services contained thereon; or
5. Assist or encourage a third party to engage in activity on this Website prohibited by these Terms.
You further agree and acknowledge that you shall not use, copy, distribute, or exploit any of the Content contained on the Website in any manner whatsoever without prior written authorization from the Company. No portion of this Website or the materials contained hereon may be reprinted or republished without express written permission from the Company.
PROHIBITED ACTIVITIES
This Website, the Services, and Content contained hereon are not intended for children under the age of thirteen (13) and children under the age of thirteen (13) should not use this Website or the Services. You acknowledge and agree that, unless otherwise specified in writing, the Services and Content on this Website are for your personal, non-commercial use.
SUPPORT GROUP POSTING GUIDELINES
The Website contains or may contain in the future various interactive portions such as blogs, message boards, chats, user forums, or other types of interactive features that allow users and others to post content on our Website (“Forums”). Forums are intended to serve as discussion centers for the users and subscribers of the Website. You understand and acknowledge through your continued use of the Website that these Forums and the information contained thereon may be seen by anyone on the Internet. When posting information on Forums maintained by the Company, please use good taste when discussing sensitive subjects. Users are required to be fair and informative, and treat others with respect and honesty. You further understand and acknowledge that unless the information in your post comes directly from your personal experiences, you are required to provide legitimate references to any health-related or medical information that you post.
Furthermore, you understand and acknowledge that when posting information on a Forum maintained by the Company you must not:
1. Post statements or other materials that are in any way libelous, or defame, harass, abuse, threaten, intimidate, or in any other way infringe on the rights of others;
2. Post or upload personal information, pictures, videos or any other media of another person without their express written permission, or anything else that violates the privacy or publicity rights of another person or entity;
3. Post anything that interferes with or disrupts the operation of the Website, including but not limited to posting files that contain malware, viruses, corrupted files, or any other type of file or data that may damage the functionality of another’s computer or the Website;
4. Repeatedly post the same or similar message within an unreasonable time frame;
5. Delete or revise any material from the Website posted by another user or the Company without the express written permission of the Company;
6. Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
7. Post statements or other materials that are bigoted, hateful, racist, vulgar, obscene, pornographic, profane or otherwise objectionable, including language and images;
8. Post statements or materials that in any way could harm minor children;
9. Post statements or materials that impersonate another person or entity, whether actual or fictitious;
10. Post statements or materials that in any way misrepresent your affiliation with any entity, including but not limited to the Company;
11. Post statements or materials that constitute spam or unauthorized advertising or promotional materials, including but not limited to links to commercial products or services;
12. Post material that infringes or may infringe on any copyright, patent, trademark, trade secret, or other intellectual or proprietary right of any party that you are not authorized to make available.
Please be aware that the Company can remove any material posted by a user that it finds, in its absolute sole discretion, to be objectionable with or without notice to said user. Any user failing to comply with these guidelines may be expelled from and refused continued access to any Forums maintained by the Company now or in the future. The Company expressly disclaims any and all responsibility and makes no representations whatsoever as to the validity of any opinion, advice, information or statements made or displayed in Forums by third parties, nor is the Company responsible for any errors or omissions in any such postings, or for hyperlinks embedded in any message.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THESE FORUMS. The opinions expressed in any of these Forums do not reflect the opinions of the Company and should not be interpreted as such. You understand and acknowledge that the Company reserves the right to alter, edit, refuse to post or remove part of or all of any postings or similar content for any reason, and to disclose such materials to any third party to satisfy any applicable law, regulation, legal process or governmental request.
You understand and acknowledge that by sending or transmitting content, images, videos, audio files, creative suggestions, ideas, notes, concepts, information, exercises, or any other materials (“Submitted Materials”), or by posting such Submitted Materials on the Website or Forums, you hereby grant the Company a non-exclusive, assignable, royalty-free, fully sub-licensable right and perpetual and irrevocable right to use, reproduce, translate, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale such Submitted Materials in any media form now know or hereafter devised, for any purpose whatsoever, without any compensation to you whatsoever. Furthermore, you represent and warrant that any person or entity name, pictured or otherwise represented in the Submitted Materials, has provided you with any necessary licenses, rights, or authorizations to allow the Company’s use of such Submitted Materials in accordance with such license or authorization.
DISCLAIMER – LINKED THIRD PARTY WEBSITES
Some links on the Website and/or Services will direct you to leave the Website or Services you are then accessing to access a linked third party website (“Linked Site”). The Company may provide these links as a convenience. You understand and acknowledge that the Company does not control these Linked Sites or the content therein contained. The Company is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services, or other materials on or available from a Linked Site. You acknowledge and agree that the Company shall not be responsible or liable, either directly or indirectly, for any and all damage or loss caused or allegedly caused by or in connection with the use of any of the links, content, goods or services available via the Linked Site.
DISCLAIMER – LINKED THIRD PARTY WEBSITES
Some links on the Website and/or Services will direct you to leave the Website or Services you are then accessing to access a linked third party website (“Linked Site”). The Company may provide these links as a convenience. You understand and acknowledge that the Company does not control these Linked Sites or the content therein contained. The Company is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services, or other materials on or available from a Linked Site. You acknowledge and agree that the Company shall not be responsible or liable, either directly or indirectly, for any and all damage or loss caused or allegedly caused by or in connection with the use of any of the links, content, goods or services available via the Linked Site.
ACCOUNTS, PASSWORDS, AND SECURITY
If the Website or Services require you to open an account, you must complete the registration process by providing the Company with current, complete and accurate information, as prompted by the applicable registration form. You understand and acknowledge that by providing any untrue, inaccurate, incomplete or out-of-date information to the Company, the Company reserves the right to terminate your access and use of the Website and/or Services at any time. You understand and acknowledge that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or any other electronic device in which you may use to access the Website, Services or Forums. You agree to accept any and all responsibility for all activities that occur under your account or password, regardless of whether such use was authorized by you or not. Furthermore, you hereby agree to notify the Company immediately of any and all unauthorized use of your account or any other breach of security.
IF YOU CHOOSE TO COMMUNICATE OR MEET WITH OTHER USERS OF THE WEBSITE, SERVICES, OR FORUMS, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY UNDERSTAND AND ACKNOWLEDHE THAT THERE ARE INHERENT RISKS INVOLVED WITH MEETING PEOPLE IN PERSON FROM AN ONLINE COMMUNITY, INCLUDING BUT IN NO WAY LIMITED TO RISK OF PHYSICAL OR MENTAL HARM. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH IN-PERSON CONTACT WITH OTHER USERS OUTSIDE THE USAGE OF THIS WEBSITE, THE SERVICES, OR THE FORUMS.
COMMERCIAL TRANSACTIONS
Certain products and services may be offered for sale on the Website or through the Services. In the event you wish to purchase or to subscribe to any of these products or services, you will be asked by the Company or an authorized third party, such as PayPal to provide certain information, including but not limited to, your full name, address, telephone number and credit card information, or any other mandatory information deemed relevant in the Company’s sole discretion. You agree and acknowledge that any such information provided is accurate and complete. You further agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account, as well as any applicable taxes. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY DOES NOT OFFER REFUNDS FOR ANY REASON WHATSOEVER.
By providing the Company or a third party service provider with your credit card payment information, you agree that the Company and/or third party service provider is authorized to immediately invoice your account for any and all fees or charges due and payable as a result of your order, including but not limited to service fees, subscription fees, or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to a specific Service or product requires a recurring payment, you hereby agree that the Company and/or third party service provider may automatically invoice your account at the beginning of each recurring period. You also agree to immediately notify the Company and/or third party service provider of any change in your billing address or the credit card used for payment hereunder.
You hereby understand and acknowledge your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be processed or if a charge is refunded for any reason whatsoever, the Company reserves the right to suspend or terminate your access to the Website, Services, Forums, and/or your account. You agree that in the event the Company is unable to collect payment due for products or services specified in your order, the Company may take any and all other steps determined to be necessary to collect the payment due, including but in no way limited to legal action. Furthermore, you understand and agree that you will be responsible for any and all costs and expenses incurred by the Company in connection with any collection activity stemming from payment due, including collection fees, interest, court costs, and/or attorneys’ fees.
When purchasing a product from the Website, your order will ship as it becomes available. There may be times when a product is out-of-stock, which will delay the fulfillment of your order. You will be informed of any products that you have ordered that are out-of-stock or unavailable for immediate shipment. You may cancel your order of a product at any time prior to shipment. Please be aware that the Company cannot guarantee you when an order will arrive and that any and all shipping/transit time shown on our Website is only an estimate.
NO MEDICAL ADVICE
THIS WEBSITE AND THE SERVICES OFFERED BY THE COMPANY ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS WHATSOEVER REGARDING YOUR PHYSICAL OR MENTAL HEALTH OR THE CONTENT OF THIS WEBSITE OR THE SERVICES OFFERED BY THE COMPANY, YOU SHOULD CONSULT A PHYSICIAN OR OTHER RELEVANT HEALTH CARE PROFESSIONAL IMMEDIATELY. DO NOT, UNDER ANY CIRCUMSTANCES, AVOID, DELAY, OR DISREGARD OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR PHYSICIAN OR OTHER RELEVANT HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE OR THROUGH THE SERVICES OFFERED BY THE COMPANY. NOTHING POSTED ON THIS WEBSITE OR ANY INFORMATION AVAILABLE THROUGH THE SERVICES ARE INTENDED TO BE THE PRACTICE OF MEDICINE OR MENTAL COUNSELING CARE. FOR THR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE OR MENTAL COUNSELING CARE INCLUDES, BUT IS NOT LIMITED TO, PSYCHIARTY, PSYCHOLOGY, PSYCHOTHERAPY PHARMACY, NUTRITION AND FITNESS COUNSELING OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. FURTHERMORE, THE COMPANY DOES NOT GUARANTEE THAT THE WEBSITE OR THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS REGARDING SPECIFIC MATERIAL. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE USE OF ANY AND ALL INFORMATION PROVIDED ON THIS WEBSITE OR THROUGH THE SERVICES OFFERED BY THE COMPANY ARE SOLELY AT YOUR OWN RISK.
DISCLAIMER OF WARRANTIES
THIS WEBSITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED THEREON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, THE SERVERS, OR ANY EMAILS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR DAMANGES OF ANY KIND WHATSOEVER ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THIS WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
LIMITATION OF LIABILITY
THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLGENCE, STRICT LIABILITY OR ANY OTHER REASON ARISING OUT OF OR IN ANY WAY RELATED TO (1) THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR SERVICES; (2) ANY CONTENT CONTAINED ON THE WEBSITE AND/OR THE SERVICES; (3) ANY STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE WEBSITE AND/OR THE SERVICES; (4) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE AND/OR THE SERVICE; (5) ANY ACTION OR INACTION TAKEN IN RESPONSE TO OR RESULTING FROM ANY AND ALL INFORMATION AVAILABLE ON THE WEBSITE AND/OR THE SERVICES, ANY DAMAGE CAUSED BY LOSS OF ACCESS; (6) ANY OTHER MATTER ARISING FROM OR RELATING TO THE USAGE OF THE WEBSITE AND/OR THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR USING THE WEBSITE OR THE SERVICES.
INDEMNIFICATION
You hereby agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, directors, agents, employees, representatives and assigns from and against any and all claims, damages, losses, costs and/or expenses, including attorneys’ fees, that arise either directly or indirectly out of or from (1) your breach of these Terms; (2) any allegation that any Submitted Material infringe on or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (3) your access or use of the Website and/or the Services.
FORCE MAJEURE
The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including but in no way limited to any failure to perform the obligations hereunder or those found in any additional terms, due to unforeseen circumstances or causes beyond the control of the Company such as acts of God, fire, flood, earthquake, pandemics, accidents, strikes, war, terrorism, governmental acts, failure of common carriers (including but not limited to Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
CHOICE OF LAW
Any and all disputes arising out of or regarding these Terms shall be governed by the laws of the State of Nevada, without regard to choice of law principles. Those who choose to access this Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with the local laws of and to the extent that local laws are applicable. You hereby irrevocably agree to the exclusive jurisdiction by the federal and state courts located in Clark County, in the State of Nevada, to settle any dispute which may arise out of, under, or in connection with these Terms. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
CLASS ACTION WAIVER
Any claim or other proceedings by or between you and the Company shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree to waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction.
STATE SPECIFIC NOTICES
CALIFORNIA
Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints in writing with The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or via telephone at (916) 445-1254 or 1-800-952-5210, or via email at dca@dca.ca.gov [dca@dca.ca.gov].
NEW JERSEY Any disclaimer, limitation of liability, indemnification or damages provision contained herein shall apply to New Jersey residents and/or New Jersey transactions only to the extent permitted either by New Jersey law or public policy.
SEVERABILITY
If any part of these Terms are deemed to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms, and shall not affect the validity or enforceability of any remaining provisions of these Terms.
ENTIRE AGREEMENT
These Terms, as well as our Privacy Policy and any other terms or agreements that may be posted on the Website as amended from time to time (“Website Agreements”) contain the entire agreement between you and the Company relating to the Website and your use of the Website and supersede any and all previous agreements, arrangements, undertakings or proposals, whether written or oral, between you and the Company regarding such matters. To understand our privacy practices, please review our Privacy Policy which governs your visits to this Website, and is herein incorporated by reference into these terms.
UPDATES
The Company may modify these Terms at any time. If, at any time, you disagree with the changes made to the Terms, you must discontinue your use of the Website and the Services, and if you have registered for any Services through the Website, cancel your registration. Your continued access or use of the Website or Services following such notice constitutes your acceptance of the modified Terms. It is your responsibility to be aware of any such modifications to the Terms. The Company reserves the right to modify or discontinue the Website or Services with or without notice, and will not be held liable to you or any third party should the Company choose to exercise their right to modify or discontinue the Website or Services. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE ACCESS TO THE WEBSITE AND/OR SERVICES. CONTINUED ACCESS TO THE WEBSITE AND/OR THE SERVICES FOLLOWING NOTICE OF ANY SUCH CHANGE INDICATES YOUR ACKNOWLEDGEMENT OF SUCH CHANGE AND ACCEPTANCE OF THE WEBSITE AND/OR SERVICES AS SO MODIFIED AND YOUR USE OF NEW SERVICES SHALL BE GOVERNED BY THE UPDATED TERMS.
INTRODUCTION
This website, www.consciousxchange.com [http://www.consciousxchange.com/] (“Website”) is owned and operated by ConsciousXchange, LLC (“we” or “Company”). We respect the privacy of individuals that register to use the products and services that are offered through the Website. This Privacy Policy describes the ways in which we collect, use, and share information, as well as steps that we take to safeguard that information. This Privacy Policy applies whenever you visit the Website, or use any of the products or services (collectively “Services”) offered through the Website.
We are committed to protecting your information, and therefore take your privacy very seriously. The Company does not share your information, except where it is required for our Services or the Website to function, such as billing. IF YOU DO NOT AGREE WITH THE POLICIES AND PRACTICES AS OUTLINED BELOW, DO NOT CONTINUE TO USE THIS WEBSITE OR REGISTER FOR ANY SERVICES OFFERED THROUGH THE WEBSITE.
This Website and any services provided by the Company are not intended to be used by children. The Company does not knowingly collect any personal information from children under the age of thirteen (13) without parental consent. In the event that personal information was unknowingly collected from a child under the age of thirteen (13), the Company will make reasonable efforts to delete said information from Company records in a timely manner.
By accessing this Website, you hereby understand and agree to be bound by the terms of this Privacy Policy, as well as the Terms of Use and any applicable additional terms through the continued use of the Services.
PERSONAL INFORMATION - HOW IT IS COLLECTED
You provide us your personal information when you fill out the requisite forms through our Website. When you register to become a customer of the Company, we may collect contact information such as your name, phone number, email address and/or street address, as well as providing identifiers for later use such as a user name and password. This information is used to create your account, verify your identity, and to help facilitate communications between you and the Company.
PERSONAL INFORMATION - USED FOR CUSTOMIZING PLANS
When you register to become a customer of the Company, we may ask for additional personal information from you including but not limited to your age, work experience, and any other pertinent information the Company in its sole discretion deems necessary to provide you with the services requested.
PERSONAL INFORMATION - SHARING WITH THIRD PARTIES
The Company collects certain information automatically from anyone who accesses the Website and users of the Services, such as Internet addresses, browser types, referring domains, timestamps, user activity and device specific information. This is done to provide better user experiences and to diagnose any known or unknown technical problems, which allows the Company to improve and better administer the Website.
PERSONAL INFORMATION - USED FOR BILLING
For your security, we use a third-party service provider, PayPal.com, to manage credit card processing. The Company does not have access to and does not store your credit card information.
COOKIES
Cookies are small files that are automatically downloaded placed on your device whenever you visit a website. Cookies are sent to your browser and stored on your computer’s hard drive, your tablet or your mobile device. They are identifiers that allows the Company’s Website to recognize you, and tell the Company how and when pages on the Website are visited, and by how many people. Cookies can be monitored and deleted from your browser, but please understand that this may affect the functionality of the Website. When you visit our Website, the Company automatically receives and records information via our server logs from your browser, including your IP address, cookie information, and the page you requested. This information is collected in aggregate by the Company in order to help optimize the functionality of the Website, therefore it is not done in a manner that would personally identify you. The information may be shared with third parties in aggregate form in order to help them understand which portions of the Website are the most frequented, helping to facilitate improvements when needed. The Company will not knowingly disclose aggregate information to a partner or third party in a manner that would identify you personally. By continuing to visit the Website or use our Services, you hereby agree to the use of cookies and any and all similar technologies, known or hereafter acquired, for the purposes as described herein. More information about cookies and cookie management can be found on www.allaboutcookies.org and www.aboutcookies.org.
SECURITY
The Company always strives to keep your personal information private and protected. Commercially reasonable administrative, technical, organizational and physical security measures are used to maintain the privacy of our users’ and visitors’ information and data against accidental or unlawful destruction, loss and alteration, as well as protecting against unauthorized disclosures and access. Unfortunately, the transmission and storage of data can never be guaranteed to be 100% secure. While we use every reasonable means necessary to ensure the security of your personal information and the information you transmit to the Company through the Website, the Company cannot guarantee that said information will not be intercepted by a third party.
PHISHING
“Phishing” is a common Internet scam that occurs when someone receives and email from what appears to be a legitimate source requesting personal information. You hereby understand and acknowledge that the Company will not send you emails requesting you to verify credit card or bank information, or any other personal information. In the event you receive an email from the Company requesting said information, do not respond to it and do not click on any of the links in the email. Please forward any such email to the Company so we can take the requisite investigatory steps. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY IS NOT AND CANNOT BE HELD LIABLE IN THE EVENT THAT ANY OF YOUR CREDIT CARD, BANK INFORMATION, OR PERSONAL INFORMATION IS COMPROMISED THROUGH A PHISHING SCAM. DATA PROTECTION RIGHTS – GENERAL You have the right to access, correct, update, or request deletion of personal information we collect about you. Please send requests to: hello@consciousxchange.com [hello@consciousxchange.com]. The Company will respond to all access, correction, updates, or deletion requests within thirty (30) calendar days.
DATA PROTECTION RIGHTS – CALIFORNIA
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask the Company for a notice describing what categories of personal information we share with third parties or corporate affiliates of those third parties or their marketing purposes. The notice shall identify the categories of information shared, including a list of the names and addresses of the third parties with whom the information is shared. If you are a resident of the state of California and would like a copy of this notice, please submit a written request to the following email address: hello@consciousxchange.com [hello@consciousxchange.com] and allow thirty (30) calendar days for a response. Currently, the Company does not share any personal information with any third parties or corporate affiliates for direct marketing purposes.
DATA PROTECTION RIGHTS – EUROPEAN ECONOMIC AREA OR SWITZERLAND
If you reside in the European Economic Area or Switzerland, you have the right to object to processing of your personal information or to ask the Company to restrict the processing of your personal information. If you reside in the European Economic Area or Switzerland, and would like to exercise these rights, please submit a written request to the following email address: hello@consciousxchange.com [hello@consciousxchange.com] and allow thirty (30) calendar days for a response. If the Company has already collected and processed your personal information with your consent, you have the right to withdraw your consent at any time. You understand and acknowledge that this will not affect the lawfulness of any personal information processing that was completed prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. For more information, contact your local data protection authority.
DATA RETENTION
The Company retains the personal information collected from you when and if the Company has an ongoing legitimate business need to do so. When the Company has no ongoing legitimate business need to process your personal information, we will delete it.
LINKS TO OTHER WEBSITES
While visiting the Website, you may find links to websites operated by third parties. The Company does not make any representations or warranties about any website that may be linked to the Website, including those of our payment processors, as the Company has no control over nor responsibility for their operation. The Company is not responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or other materials on or available from a linked website operated by third parties. Furthermore, the Company’s privacy policy may differ from those found on linked third party websites. You hereby understand and acknowledge that in the event you provide any personal information on one of those websites, you are then subject to the privacy policy of said website and not the Company’s.
USER ACCOUNT INFORMATION AND NOTICES
Account informational emails are separate from any marketing emails. The Company encourages users to regularly check their email for account updates, copies of their receipts, password reset emails, as well as any other relevant communications from the Company.
UNSUBSCRIBE FROM MARKETING LIST
You may receive emails from the Company after visiting our Website and/or by signing up for Services. If you do not wish to receive emails from the Company, you may opt-out by clicking on the “unsubscribe” link found at the bottom of the Company’s email. Please allow up to two (2) calendar weeks from the date the request was received to complete the removal, as some communications may have already been in process before the request was submitted.