TERMS OF SERVICE AND BINDING LEGAL AGREEMENT
Last Updated and Effective As Of: September 23, 20261. INTRODUCTION AND ABSOLUTE ACCEPTANCE OF TERMS
These Terms of Service (hereinafter referred to as the "Agreement", "Terms", or "Terms of Service") constitute a fully binding, legally enforceable agreement made between you, whether acting personally, as an individual, or on behalf of any corporation, partnership, limited liability company, or other legal entity (hereinafter referred to as "Client", "You", "Your", or "User") and Lonare Coaching, including all of its subsidiaries, parent companies, affiliates, assigns, members, directors, officers, employees, agents, and representatives (hereinafter collectively referred to as "Company", "We", "Us", or "Our"). This Agreement governs your access to, use of, and participation in any and all coaching services, consulting services, training materials, digital products, software platforms, community forums, websites, mobile applications, webinars, live events, and any other products, content, or services offered by or affiliated with the Company (collectively referred to as the "Services" or "Program").BY ACCESSING, BROWSING, REGISTERING FOR, PURCHASING, OR USING THE SERVICES IN ANY MANNER WHATSOEVER, REGARDLESS OF YOUR LOCATION WORLDWIDE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, COMPREHENDED, AND UNEQUIVOCALLY AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, COVENANTS, AND OBLIGATIONS SET FORTH IN THIS AGREEMENT, WITHOUT MODIFICATION, ALTERATION, OR EXCEPTION. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. YOUR CONTINUED USE OF THE SERVICES SHALL CONSTITUTE ONGOING AND IRREVOCABLE ACCEPTANCE OF THIS AGREEMENT.2. NO GUARANTEE OF BUSINESS SUCCESS OR FINANCIAL RESULTS (EARNINGS DISCLAIMER)
THIS IS A CRITICAL PROVISION REGARDING YOUR EXPECTATIONS. YOU EXPLICITLY AGREE, UNDERSTAND, AND ACKNOWLEDGE THAT THE COMPANY PROVIDES BUSINESS COACHING, EDUCATIONAL RESOURCES, STRATEGIES, AND ADVICE SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES INTENDED TO HELP FULL-TIME EMPLOYEES START SIDE HUSTLES. THE COMPANY DOES NOT, UNDER ANY CIRCUMSTANCES, MAKE ANY GUARANTEES, WARRANTIES, REPRESENTATIONS, OR ASSURANCES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING YOUR FUTURE BUSINESS SUCCESS, INCOME LEVELS, REVENUE, PROFITABILITY, GROWTH, OR ANY OTHER FINANCIAL OR NON-FINANCIAL RESULTS.You acknowledge that starting a business or side hustle involves significant, inherent risks, including but not limited to the potential loss of capital, time, and resources. Any testimonials, case studies, examples, or income figures referenced by the Company, its agents, or current/former clients are exceptional results, do not apply to the average purchaser, and are not intended to represent or guarantee that you or anyone else will achieve the same or similar results. Your success depends entirely upon your own independent efforts, individual capacity, business acumen, dedication, perseverance, execution, external market conditions, economic shifts, and numerous other factors beyond the control of the Company. The Company is not responsible for your actions, your financial decisions, your business operations, or the outcomes of your endeavors. You agree that you are solely and entirely responsible for your own results, and you irrevocably release the Company from any liability for your failure to achieve your desired business or financial outcomes.3. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
All content, materials, methodologies, frameworks, training modules, videos, audio recordings, templates, worksheets, code, software, designs, text, graphics, logos, trademarks, service marks, and other intellectual property provided through or in connection with the Services (collectively, the "Company Materials") are the exclusive and sole property of Lonare Coaching or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.Subject to your strict compliance with this Agreement and payment of all applicable fees in full, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable license to access and view the Company Materials solely for your personal, internal business educational use. You are expressly prohibited from, and you agree that you will not, under any circumstances: (a) copy, reproduce, distribute, display, publicly perform, publish, transmit, or otherwise share the Company Materials with any third party; (b) modify, adapt, translate, create derivative works of, or reverse engineer any portion of the Services or Company Materials; (c) sell, lease, rent, license, sublicense, or otherwise commercialize the Company Materials; (d) use the Company Materials to create a competing product, service, or coaching program; or (e) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices. Any unauthorized use of the Company Materials constitutes a material breach of this Agreement and may subject you to immediate termination without refund, as well as severe civil and criminal penalties, and unlimited damages.4. STRICT CONFIDENTIALITY AND NON-DISCLOSURE
During the course of your participation in the Services, you may have access to confidential, proprietary, and sensitive information belonging to the Company, other clients, partners, and affiliates. "Confidential Information" shall include, but is not limited to, trade secrets, business plans, financial data, marketing strategies, coaching frameworks, internal processes, client lists, non-public instructional materials, and personal information shared by other participants in community forums or group coaching calls.You agree to maintain the strictest confidentiality regarding all Confidential Information. You shall not disclose, reveal, publish, broadcast, disseminate, or otherwise make available any Confidential Information to any person, entity, corporation, or third party, in any format whatsoever, without the express prior written consent of the Company or the respective disclosing party. You shall exercise the highest degree of care in safeguarding the Confidential Information against unauthorized access or disclosure. Furthermore, you agree not to record, screen-capture, photograph, or otherwise duplicate any live coaching calls, webinars, or private community interactions. This obligation of confidentiality shall survive the expiration or termination of this Agreement indefinitely. A breach of this confidentiality provision will cause immediate and irreparable harm to the Company or its clients, entiting the injured party to seek immediate injunctive relief without the necessity of posting a bond, in addition to any other remedies available at law or in equity, including substantial monetary damages.5. COMPREHENSIVE DISCLAIMER OF WARRANTIES
THE SERVICES, COMPANY MATERIALS, AND ALL INCLUDED CONTENT ARE PROVIDED ON AN STRICTLY "AS-IS", "WHERE-IS", AND "AS-AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM AND FULLEST EXTENT PERMITTED BY APPLICABLE, WORLDWIDE LAW, THE COMPANY EXPLICITLY AND CATEGORICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE; THAT THE INFORMATION PROVIDED WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.6. EXTREME LIMITATION OF LIABILITY AND DAMAGES CAP
THIS PROVISION SIGNIFICANTLY LIMITS OUR LIABILITY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS FOUNDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED (INCLUDING BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF, FORESAW, OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.IN THE EVENT THAT ANY COMPETENT JURISDICTION REFUSES TO ENFORCE THE COMPLETE EXCLUSION OF LIABILITY STATED ABOVE, THE TOTAL, AGGREGATE, CUMULATIVE MAXIMUM LIABILITY OF THE COMPANY AND ITS AFFILIATES TO YOU FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, OR LIABILITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL BE STRICTLY AND ABSOLUTELY LIMITED TO THE LESSER OF: (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE INITIAL CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. YOU ACKNOWLEDGE AND AGREE THAT THIS ALLOCATION OF RISK AND LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BARGAIN AND THAT THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES ECONOMICALLY WITHOUT SUCH LIMITATIONS.7. ABSOLUTE INDEMNIFICATION
You agree to irrevocably defend, fully indemnify, and completely hold harmless the Company, its affiliates, subsidiaries, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, suits, proceedings, judgments, awards, losses, liabilities, damages, costs, expenses, and fees (including, but not limited to, reasonable attorneys' fees, expert witness fees, and court costs) arising out of, resulting from, or in any way connected to: (a) your use of or access to the Services or Company Materials; (b) your violation or breach of any term, condition, representation, or warranty of this Agreement; (c) your violation of any applicable law, rule, or regulation in any jurisdiction worldwide; (d) your infringement, misappropriation, or violation of any intellectual property rights, privacy rights, or other rights of any third party; (e) any content, materials, or information you submit, post, or transmit through the Services; or (f) any acts or omissions by you relating to your side hustle, business endeavors, clients, or customers. The Company reserves the right, at its own expense and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to fully cooperate with the Company in asserting any available defenses.8. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION EXTREMELY CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CASE, AND TO PARTICIPATE IN A CLASS ACTION.You and the Company mutually agree that any and all disputes, claims, controversies, or causes of action arising out of, relating to, or in connection with this Agreement, the Services, the breach, termination, enforcement, interpretation, or validity thereof, or the relationship between you and the Company (collectively, "Disputes"), shall be resolved exclusively by final and binding individual arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures, or, if applicable, its Consumer Arbitration Rules. The arbitration shall be conducted before a single neutral arbitrator appointed in accordance with the AAA Rules. The seat and venue of the arbitration shall be exclusively in the jurisdiction where the Company is formally registered (or, at the Company's sole discretion, conducted telephonically or via video conference).CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND UNDER NO CIRCUMSTANCES SHALL YOU OR THE COMPANY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, REPRESENTATIVE PROCEEDING, MASS ACTION, OR CONSOLIDATED ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator's decision and award shall be final, binding, and strictly enforceable in any court of competent jurisdiction.9. GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, shall be exclusively governed by, construed in accordance with, and enforced under the laws of the State of Delaware, United States of America, without regard to or application of its conflict of law principles or rules that would cause the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded from this Agreement. For any Dispute not subject to arbitration under Section 8, you and the Company irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located within the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts on the grounds of inconvenient forum (forum non conveniens) or otherwise.10. STRICT NO-REFUND POLICY, PAYMENT TERMS, AND BILLING
You agree to pay all applicable fees and charges for the Services in accordance with the billing terms presented to you at the time of purchase. By providing a payment method, you expressly authorize the Company (or its designated third-party payment processors) to charge your payment method for the total amount of your purchase, including any recurring subscription fees, installment payments, applicable taxes, and other charges.NO REFUNDS. DUE TO THE IMMEDIATE, DIGITAL NATURE OF THE SERVICES, THE PROVISION OF PROPRIETARY KNOWLEDGE, INTELLECTUAL PROPERTY, AND DIRECT COACHING TIME, ALL SALES ARE FINAL, NON-CANCELLABLE, AND NON-REFUNDABLE UNDER ANY AND ALL CIRCUMSTANCES, WORLDWIDE. There are absolutely no refunds, partial refunds, prorated refunds, or credits given for early termination, failure to complete the Program, dissatisfaction with the Program, failure to achieve desired financial results, change of mind, personal emergencies, or any other reason whatsoever. By completing your purchase, you unequivocally waive your right to initiate any chargebacks, disputes, or payment reversals with your bank, credit card issuer, or payment provider. Any attempt to initiate a fraudulent chargeback will be considered a material breach of this Agreement, and the Company reserves the right to immediately terminate your access to the Services, refer the matter to collections agencies, and pursue full legal action to recover the owed amount plus any associated fees, penalties, and legal costs.11. TERM, SUSPENSION, AND TERMINATION
This Agreement shall remain in full force and effect while you use or access the Services. The Company reserves the unilateral right, in its sole, absolute, and unreviewable discretion, to suspend, restrict, or completely terminate your access to all or any part of the Services, at any time, for any reason or no reason at all, with or without prior notice or explanation, and without any liability or obligation to refund any amounts paid by you.Specific grounds for immediate termination without notice include, but are not limited to: (a) your breach or violation of any term of this Agreement; (b) failure to pay any fees when due; (c) engaging in disruptive, abusive, harassing, defamatory, or unlawful behavior within the Company's community, platforms, or toward Company staff or other clients; (d) infringement of the Company's intellectual property rights; or (e) violation of the confidentiality provisions. Upon termination of this Agreement, your right to access and use the Services and Company Materials will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, confidentiality, warranty disclaimers, indemnity, limitations of liability, and dispute resolution.12. FORCE MAJEURE
The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts, events, omissions, or circumstances beyond the reasonable control of the Company. Such force majeure events include, without limitation: acts of God, flood, fire, earthquake, explosion, natural disasters, severe weather conditions, epidemic, pandemic (including COVID-19 and subsequent variants), war, invasion, hostilities, terrorist threats or acts, riot, civil unrest, government order, law, or actions, embargoes or blockades, national or regional emergencies, strikes, labor stoppages or slowdowns, shortage of adequate power or transportation facilities, telecommunications breakdowns, internet service provider failures, server outages, hacking, cyberattacks, or any other similar event beyond the Company's control. In the event of a force majeure, the Company's obligations shall be suspended for the duration of the disruptive event.13. SEVERABILITY, WAIVER, AND INTERPRETATION
Severability: If any provision, clause, sentence, or portion of this Agreement is held to be invalid, illegal, void, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it valid and enforceable, or, if incapable of such modification, shall be severed from this Agreement. The invalidity, illegality, or unenforceability of any single provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.Waiver: No waiver by the Company of any term, condition, or right set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term, condition, or right. Any failure of the Company to assert a right or enforce a provision under this Agreement shall not constitute a waiver of such right or provision in the future.Interpretation: The headings in this Agreement are for reference and convenience only and shall not affect the interpretation of this Agreement. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.14. ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by the Company on its website or platform, constitute the sole, exclusive, and entire agreement between you and Lonare Coaching regarding your use of the Services. This Agreement supersedes and unconditionally replaces any and all prior or contemporaneous understandings, agreements, representations, warranties, communications, and negotiations, whether oral or written, between you and the Company relating to the subject matter hereof. No agent, employee, or representative of the Company is authorized to alter, amend, or modify these terms except via an official written amendment signed by an authorized executive of the Company.15. MODIFICATIONS AND UPDATES TO TERMS
The Company reserves the absolute right, at its sole discretion, to modify, amend, update, revise, or completely replace these Terms of Service at any time, without prior individual notice to you. The most current version of the Terms will be posted on this page with an updated "Effective Date" at the top. It is your strict obligation and responsibility to check this page periodically for any changes. Your continued access to or use of the Services following the posting of any changes, modifications, or updates constitutes your binding and absolute acceptance of those changes. If you do not agree to the modified Terms, your sole and exclusive remedy is to immediately cease using the Services.16. INDEPENDENT CONTRACTOR STATUS
You and the Company are independent contracting parties. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, employment, franchise, or fiduciary relationship between you and the Company. You have no authority to bind the Company to any obligation, contract, or liability, and you shall not hold yourself out as an agent, partner, or representative of the Company.17. ASSIGNMENT
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement, voluntarily, involuntarily, by operation of law, or otherwise, without the prior express written consent of the Company, which may be withheld in its sole discretion. Any purported assignment or delegation in violation of this section shall be null and void ab initio. The Company may freely assign, transfer, or delegate any of its rights or obligations under this Agreement to any affiliate, subsidiary, successor in interest, or third party without notice to you or your consent. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.Also see our Privacy Policy.
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