Policies, Terms and Conditions
Terms and Conditions
These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Full Spectrum Coaching and Consulting LLC (FSCC) and located at *.fullspectrumcoachingandconsulting.com (the “Site”), including all subsidiary webpages, and access and use of the services available thereon, including, without limitation, the services that enable you to purchase, edit and share pages for online classes (the “Services”). This Agreement is legally binding between you, the person using this Site, and Full Spectrum Coaching and Consulting. Terms such as”FSCC”, “we,” “our” and “us” refer to Full Spectrum Coaching and Consulting LLC.
YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO FSCC’s PRIVACY POLICY LOCATED AT https://community.fullspectrumcoachingandconsulting.com/terms-and-conditions/ (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE REGISTRATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services.
On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.
FSCC may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.
Ability to Enter into this Agreement
This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.
You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with FSCC, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.
Before you continue, you should print or save a local copy of this Agreement for your records.
Fees
You shall pay all fees specified in any subscription to Services or use of the Site (“Registration”). We will charge you a fee based on the Registration you choose. Such fees shall be billed at time of purchase and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Registrations (as described in the section below entitled Cancellation and Termination and in the FSCC Refund Policy), there will be no refunds or credits for partial use of service or for periods in which your Registration remains active but you do not use the Services
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.
At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions, or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Registration at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
All prices listed, fees, charges, and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.
Limitation of Liability / Exclusion of Consequential and Related Damages
NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE “FEES” SECTION OF THE AGREEMENT.
IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN FSCC AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT FSCC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
FSCC reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. FSCC shall have no liability whatsoever for any damages, liabilities, losses, or any other consequences that you may incur as a result of any such modification, suspension, or discontinuance.
Indemnity
You agree to indemnify, defend, and hold harmless FSCC, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third-party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. FSCC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FSCC and you agree to cooperate with FSCC’s defense of these claims. You agree not to settle any matter without the prior written consent of FSCC. FSCC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Cancellation and Termination
If you wish to cancel your Registration, you can do so by logging into your account and proceeding with this option through the billing section menu. If you are unable to find this option within the billing section or if you have questions or need assistance, please contact Support and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, including full monthly fees for the month in which you canceled, provided however that if you cancel your Registration within the first fourteen (14) days of opening your FSCC Account, you may request a refund of your Registration fee.
Upon cancellation of your Registration, FSCC is under no obligation to maintain or store your account information or Content. FSCC may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with FSCC’s processes and practices.
FSCC reserves the right at any time, and without cost, charge, or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, FSCC may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Registration, or Services for any violation or suspected violation of this Agreement. FSCC also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. FSCC reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
Refund Policy
The FSCC no-risk money-back guarantee offers that, if at any time within the first 30 days of opening your paid Account you decide that FSCC is not for you, then just let our support team know.
We will stop your Registration and issue you a refund. Your request for a refund must be received within 24 business hours of the 30 days of the date and time of opening your paid Account. While some refunds may be instant, refund credit can take up to 5 – 10 business days to show up in your credit card statement.
If adequate notice is not received and your credit card is subsequently charged, you will not receive a refund.
Discount Policy
On occasion, FSCC may offer purchase incentives in the form of subscription discount codes. Discount codes are applied on an introductory basis, meaning that are only applied for the first term of the subscription selected. Discount codes do not perpetuate with the life of the subscription. After your initial term has passed, subscriptions will be charged the regular price.
Agreement to Governing Law and Jurisdiction
If there is any dispute between you and FSCC about or involving this Agreement, the Site, or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Minnesota, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Minnesota, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that FSCC may seek and obtain injunctive relief in any jurisdiction.
Severability
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Legal Remedies
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if FSCC does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which FSCC has the benefit of under any applicable law), this will not be taken to be a formal waiver of FSCC’ rights and that those rights or remedies will still be available to FSCC.
Surviving Provisions
The sections of “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity” and “Agreement to Governing Law and Jurisdiction”, “Severability”, “Legal Remedies”, and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.
Manner of Giving Notice
Except as otherwise specified in this Agreement, all notices, permissions, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.
Privacy Policies
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Who we share your data with
If you request a password reset, your IP address will be included in the reset email.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where your data is sent
Visitor comments may be checked through an automated spam detection service.
3rd Party
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.