Thrive Community Terms of Use

 

Please read the Terms of Use for the Program carefully and in their entirety before  purchasing and using Thrive Community hereinafter referred to as the “Program”). The  Program and its content are owned by Renee Bellinger Coaching, LLC.  

  1.  Definitions: 

“Company”, “We”, “I”, “Our”, or “Us” means Renee Bellinger Coaching, LLC 

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying,  or otherwise engaging in the Program. 

“Program” means Thrive Community  

“You” or “Your” means the purchaser and person using the Program. 

  1. Consent:  

By participating in the Program, you implicitly and voluntarily agree to act in accordance with,  agree to, and abide by, these Terms of Use. 

  1. DISCLAIMER:  

By participating in the Program, you understand that Renee Bellinger is a Health Coach. 

This Program is for informational and educational purposes only. The information and  education provided in this Program is not intended or implied to supplement or replace the  professional advice of an attorney, accountant, and/or financial advisor. You should consult  with a professional in those areas (financial, legal, accounting, etc.) in person with someone  where you live or work to discuss issues or questions pertaining to your particular legal,  financial, or business situation.  

Although we do our best to make sure all of the Program’s content is up to date and/or  accurate, we do not make any representation that all the information is accurate or free of  errors at all times. We do not assume any responsibility for accuracy of the Program’s  information, or its safety or efficacy as it applies to you. 

  1. Assumption of the Risk  

You should use your best judgment in using the information provided in the Program, which is  done at your own risk. It is your responsibility to discern the risk of using the Program or its  content. You assume responsibility for your actions, choices, or lack thereof, related to the  Program.  

  1. Intellectual Property Ownership:  

The Program and its content, including, but not limited to, Video lessons, Guides, and Personal  Training Programs are intellectual property owned by Renee Bellinger and Renee Bellinger  Coaching, LLC. Any violations of this term, and all terms contained herein, will be legally  pursued to the fullest extent permitted by law. 

Any use of the Company’s intellectual property may not be used in connection with the sale or  distribution of any product, program, and/or service by you, directly or indirectly, without the  prior written consent of Renee Bellinger Coaching, LLC.

Misappropriation or unauthorized use of the Company’s intellectual property and/or trade  secrets may result in the enforcement of an infringement and/or intellectual property theft  action against you in an effort to recover damages and/or protect our intellectual property  rights. The Company reserves the right to pursue an action for misappropriation, theft, or  

improper use of its intellectual property by the Purchaser, the Purchaser’s representatives,  assigns, contractors, employees, or acquaintances.  

  1. No Sharing:  

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else.  Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by  law. 

You may not share your password or login information with anyone. If you share your password  or login with anyone who did not purchase the Program, you will be removed from the Program  immediately and no refund will be issued.  

  1. No Claims Made Regarding Results:  

Any and all current or past-client testimonials, statements, or examples used by us are simply  that: examples. They are not guarantees that you will also experience or receive the same  results. Each person and their circumstances are unique, and nothing shall be interpreted as a  guarantee that you will experience the same results as another client of ours.  

  1. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:  We do not offer any representations, guarantees, or warranties, of any variety, regarding the  Program in any way including, but not limited to, your future income, sales, potential,  profitability, or losses derived as a result of your use of the Program. The Program is offered  “AS IS” and without representations, guarantees, or warranties of any kind, including but not  limited to, implied warranties of merchantability and fitness for a particular purpose, neither  express nor implied, to the extent permitted by law. We are not liable for damages of any kind  related to your use of the Program. 
  2. Your Release of Us, Indemnification, Hold Harmless:  

To the fullest extent permitted by law, Renee Bellinger Coaching, LLC expressly disclaims  liability for any direct, indirect, and/or consequential damages suffered by you related to your  purchase or use of, or participation in, the Program, its materials, our website, or any other  information obtained by you from us. By enrolling in the Program, you hereby agree to this  limitation of liability and release Renee Bellinger Coaching, LLC from any and all claims. 

By participating in and/or purchasing the Program, you agree to release, forgive, forever  discharge, defend, indemnify, and hold harmless Renee Bellinger Coaching, LLC our  subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers,  coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges,  demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your  purchase of or participation in the Program and/or your breach of any obligation, warranty,  covenant, or representation set forth in these Terms of Use. 

By enrolling in the Program, you agree to release us from any and all claims, and further agree  to at all times defend, indemnify, and hold harmless Renee Bellinger Coaching, LLC as stated  in this section herein. 

  1. Our Refund Policy:  
  2. NO REFUNDS:  

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to  the downloadable nature of the Program, refunds will be issued for the Program within the first  30 days once it is purchased. If you would like a refund within the first 30 days, please email  Renee Bellinger at [email protected]. 

  1. NO CHARGEBACKS:  

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the  Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason  whatsoever related to the Program. In the event of a chargeback, the Company reserves its  right to report it to the credit bureaus as a delinquent account.  

  1.  ARBITRATION CLAUSE:  

If you have any complaint or should any issue arise in the use of the Program, please contact  us directly first by emailing Renee at [email protected]. 

However, if we are unable to amicably resolve your dispute in that manner, you agree that you  and Renee Bellinger and Renee Bellinger Coaching, LLC shall submit your dispute to binding  arbitration with the American Arbitration Association, before an arbitrator that is mutually  agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules. 

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a  jury trial in court, which would otherwise be available to you if not for this Arbitration Clause.  Should any arbitration hearing need to be held, it shall be held within 50 miles of Hingham, MA. 

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will  be entered in court in the State of MA. The only award that can be issued to you is a refund of  any payment made to Renee Bellinger Coaching, LLC for the applicable Program. You are not  permitted to seek additional damages, including consequential or punitive damages. 

  1. Limitation of Liability:  

Renee Bellinger and Renee Bellinger Coaching, LLC are not responsible or liable in any way for  any and all damages you receive directly or indirectly from your participation in the Program.  We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly  use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL  WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL  DAMAGES. 

  1. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS  a. General Payment Terms:  

When you pay for the Program by credit card, you authorize and give permission  to Renee Bellinger Coaching, LLC to charge your credit or debit card for the 

amount owed for payment of the Program. When you purchase the Program,  your information (i.e. credit card and contact info) may be collected by the third party merchant Kajabi (depending on the payment method you choose at  checkout), who may have privacy policies or security practices that are different  than ours. Renee Bellinger Coaching, LLC is not responsible for the merchant’s  independent policies or practices. 

  1. Severability  

The provisions of these Terms of Use shall be deemed severable, and the invalidity or  unenforceability of any provision shall not affect the validity and enforceability of any other  provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be  adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall  have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or  clause hereof not expressly so adjudged. 

  1. Entire Agreement  

These Terms of Use contain the entire agreement between you and the Company.  There are no other promises or conditions in any other agreement (oral or written)  between you and the Company. 

  1. Choice of Law + Venue  

These Terms of Use shall be governed by the laws of the state of MA. Any action  brought by any party arising out of or from these Terms shall be brought within the MA,  County of Plymouth. 

By purchasing and/or participating in the Program, you implicitly signify your agreement to all  of the terms in these Terms of Use. 

If you have any questions about the Terms of Use, please contact Renee Bellinger at  [email protected]. Thank you.