TERMS AND CONDITIONS OF USE

Effective February 7, 2022

 

 

Terms of Participation

By purchasing this product you (herein referred to as “Client”) agree to the following terms stated herein.

 

Duty to Read

I accept that under this agreement, I have a duty to read this sales agreement and disclosure policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.

Additionally, I hereby agree to the following: 

I understand that life coaching is a comprehensive process that may involve all areas of my life and could include work, finances, health, relationships, education, activities and that deciding what to do in these realms is my responsibility.  

I understand that information I give to Of Who We Are LLC and/or Amy Beth Acker is confidential unless I state otherwise, in writing. However, I understand that if I report abuse, neglect or threaten to harm myself or someone else, necessary actions will be taken and my confidentiality agreement will not limit this capacity.  

As a client, I understand and agree that I am fully responsible for my wellbeing during my coaching sessions, including my decisions and choices. I may discontinue my coaching sessions with Of Who We Are LLC and/or Amy Beth Acker at any time. I know that coaching is not psychotherapy, counseling or any medical alternative. I understand coaching is not a substitute for counseling, psychotherapy, mental health and will not use it in place of any form of therapy or medical advice. I agree I am well adjusted, mentally healthy and ready for coaching. It is my responsibility to consult my health care provider prior to participating in coaching with Of Who We Are LLC and/or Amy Beth Acker. Should I choose not consult my primary health care provider, I accept full responsibility & waive all rights to liability or any claims against Of Who We Are LLC and/or Amy Beth Acker or any affiliated administrators, or employees. I, release the organization or business named above from all liability, costs and damages which might arise from participation in the above named event or activity.  

I forever release Of Who We Are LLC and/or Amy Beth Acker from any and all actions, claims or demands that I, my assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives now have or may have in the future, for injury, death, or property damage, related to my participation in this activity or for the negligence or other acts, whether directly connected to this activity or not. I agree, I the client, would be responsible for attorney fees for all parties if law suit filed. 

I understand that I am responsible for the fees if I cancel less than 24 hours. Canceled sessions may be rescheduled pending availability. 

I am choosing to participate in coaching services with Of Who We Are LLC and/or Amy Beth Acker. 

 

Program/Service

Amy Beth Acker, “Of Who We Are, LLC” (herein referred to as “Company”) agrees to provide Program, “Individual Coaching Program," identified in the online commerce shopping cart or invoice. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

 

Disclaimer

Client understands Amy Beth Acker (herein referred to as “Consultant”) and Company, is not an employee, agent, legal professional, manager, public relations or business manager, or financial analyst or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling, psychotherapy or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

 

 

Refund Policy

 

1:1 Coaching:

Coaching can be terminated at any time during the 1- or 6-month coaching period if the client or the Coach feels that continued work together is no longer mutually beneficial. Any unused months will be refunded at a prorated rate. Months already used will not be refunded.

 

Confidentiality

The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

No transfer of intellectual Property

Company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

 

Client Responsibility

Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.

 

Independent Contractors Status

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel performs hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

 

Force Majeure

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

 

Severability/Waiver

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

 

Miscellaneous

LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

 

Non-Disparagement

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

 

Assignment

Client may not assign this Agreement without express written consent of Company.

 

Modification

Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.

 

Termination

Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

 

Indemnification

Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from my participation in the Programs.

 

Resolution of Disputes

All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and solicitor fees.

 

Equitable Relief

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

 

Notices

Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.  

Earnings Disclaimer

Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich quick scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

 

 

 ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically and agree that any notices or disclosures we are required to provide to you now or in the future may be provided to you in electronic form.

OUR COPYRIGHTS

The content you see here, including text, images, custom software, compilations of resources, and audio and video content, or made available by the site elsewhere, is the sole and exclusive property of Amy Beth Acker and Of Who We Are, LLC. It is protected by United States and international copyright laws. We take our intellectual property rights seriously and search for infringing uses of our copyrighted material, such as copying, passing off as your own, or other infringing uses, whether personal or commercial. If you desire to use the information on this website other than by viewing it for your personal use, we offer licenses, starting at $5,000 each, to do so. If you are found using the information other than as explicitly allowed by this agreement, we will notify you and bill you accordingly.

OUR TRADEMARKS

Logos, slogans and catchphrases, design aspects of the site, icons, scripts, and service names which appear on the site or elsewhere are trademarks of Amy Beth Acker and Of Who We Are, LLC [and protected by U.S. law. These trademarks help consumers identify Amy Beth Acker and Of Who We Are, LLC as the source of the information or materials bearing the logo, slogan, or other trademarked design. They may not be used by you in any way that is likely to cause confusion among consumers, implies a connection or endorsement, or that undermines or discredits the brand.

ACCESS RESTRICTIONS

You are permitted to use the site for personal and non-commercial use. This means you cannot resell or make other commercial use of any of the content on this site, such as by downloading, copying, duplicating, reproducing, or otherwise removing information from the site for your (or a third party’s) commercial benefit, whether manually or by electronic means. We reserve all rights, including those not expressly granted in these Terms or elsewhere on the site.

You may not engage in tactics to gain an unpermitted benefit from the site, such as hiding logos or content to improve search rankings.

You are responsible for understanding the laws of your jurisdiction as they pertain to using a website like this one, and agree to be bound by the requirements of those laws.

The limited license you are granted to use this site is terminated if you violate any of these Terms.

 

CONTENT PROVIDED BY YOU

Occasionally we may make comment features available to site visitors. You agree not to post anything illegal, vulgar, threatening, obscene, defamatory, libelous, or infringing, or to make use of comment features to promote spam, commercial solicitation, or software viruses. We reserve the right to delete any comment regardless of its contents and to block you from our site in our sole discretion.

We also make a contact form available for your use.

Whether you provide content to use through a comment feature or contact form, you give us a non-exclusive, royalty free right to use, reproduce, publish, adapt, display, and distribute any such content throughout the world in any form. This includes the right to include the name under which you submitted the content. Please be aware of this before sending personal information or information with commercial value, whether by or about you or any third person or entity.

We take no responsibility or assume liability for any content posted by you or any third party.

COPYRIGHT ISSUES

We take copyright issues seriously. If you feel we have infringed upon your copyrights, please contact us at [email protected] We will promptly investigate the matter.

OTHER PARTIES’ INFORMATION

Occasionally, we will post about, or allow other parties to post about, information and services provided by companies other than Amy Beth Acker and Of Who We Are, LLC. We do not warrant the offerings of these companies or the safety of their websites. We do not assume any responsibility for their actions, or the outcome of using their products or content. You are advised, and agree, to review the terms and privacy policy governing the information, services, and goods of third parties you may learn about on this site.

DISCLAIMER OF WARRANTIES; USE AT YOUR OWN RISK

THE INFORMATION AND CONTENT MADE AVAILABLE TO YOU ON THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE HERE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY PART OF IT IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES PROVIDED BY THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF INFORMATION, CONTENT, OR OTHER MATERIALS OR SERVICES INCLUDED ON THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, TO THE EXTENT YOUR STATE LAW ALLOWS FOR SUCH DISCLAIMERS.

Mandated Reporting

ALTHOUGH AMY BETH ACKER IS A LICENSED CLINICAL SOCIAL WORKER IN New Jersey, USA, AMY BETH ACKER IS NOT PROVIDING MENTAL HEALTH SERVICES IN ANY FORM ON THE WEBSITE OFWHOWEARE.COM OR IN ANY OF THE PROGRAMS OR SERVICES OFFERED AND SOLD BY AMY BETH ACKER OR OF WHO WE ARE, LLC. UNDER NO CIRCUMSTANCES SHOULD COACHING OR CONSULTING SERVICES BE CONSIDERED MENTAL HEALTH SERVICES.

HOWEVER, AMY BETH ACKER IS STILL BOUND BY THE DUTIES OF HER SOCIAL WORK LICENSE TO PROVIDE WARNING OF HARM TO SELF, OTHERS, OR PROPERTY EVEN WHEN NOT OPERATING IN THE CAPACITY OF A SOCIAL WORKER OR MENTAL HEALTH PROVIDER.

GOVERNING LAW

By using the site, you agree that any dispute related to these terms or with Amy Beth Acker and Of Who We Are, LLC  will be governed by the laws of the state of New Jersey, without regard to principles of conflict of laws, and you agree to submit to the personal jurisdiction of New Jersey.

AMENDMENTS AND OTHER MATTERS

We may make changes to the site, our offerings or information, and these terms at any time and without prior notice.

If any of these terms is deemed invalid for any reason, that term shall be severable and the remaining terms shall be given their maximum effect.

By using this site, you certify that you are over the age of eighteen.

If you make a purchase on this website, you are subject to this agreement and others, including our no refunds policies, if any.

 

I have read and understood the contract as written here and agree to all terms.

Updated February, 2022