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Terms of Service

 

Last Updated on October 5, 2023

PURPOSE OF THIS AGREEMENT

 

Welcome to Krista Mashore Coaching, www.kristamashore.com, and Community Market Leader, LLC.  This Agreement sets forth Your rights and obligations as a Krista Mashore Coaching User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.KRISTAMASHORE.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 17, and 18).  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

 

The use of www.kristamashore.com (hereafter “Website”), which is owned and maintained by Krista Mashore Coaching, and Community Market Leader, LLD (“Krista Mashore Coaching,” “we,” “our,” “us”), is governed by the terms and conditions set forth below.  We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here.  By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.  

THIS IS A BINDING AGREEMENT.  THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND KRISTA MASHORE COACHING.  THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY KRISTA MASHORE COACHING, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

 

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.  

 

Krista Mashore Coaching reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website.  It is your responsibility to check this page periodically for changes.  You can find the most recent version of these Terms at Terms of Service. Use of the Website after such changes constitutes acceptance of such changes.  Any new features or tools which are added to the current Website shall also be subject to the Terms.

 

Table of Contents

  1. Website Use
  2. Website User Conduct and Restrictions-License Terms
  3. Our Privacy Statement and Your Personal Information
  4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
  5. Order Placement and Acceptance
  6. Refunds for Hard Goods
  7. Automatic Enrollment and Payment, and Cancellation 
  8. Subscription Terms and Automatic Payment 
  9. Shipping Fees
  10. Products, Services, and Prices Available on the Website
  11. Important Disclosures
  12. Testimonials, Reviews, and Pictures/Videos
  13. DISCLAIMERS OF OTHER WARRANTIES
  14. LIMITATIONS OF LIABILITIES
  15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
  16. Krista Mashore Coaching’s Additional Remedies
  17. Indemnification
  18. Notice and Takedown Procedures; Copyright Agent
  19. Third-Party Links
  20. Termination
  21. No Waiver
  22. Governing Law and Venue
  23. Force Majeure
  24. Assignment
  25. Electronic Signature
  26. Changes to the Agreement
  27. Your Additional Representations and Warranties
  28. Severability
  29. Entire Agreement 
  30. Contacting Us
  31. Data Privacy Shield

SECTION 1 – WEBSITE USE

The Website is intended for businesses operated by adults.  If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads.  No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Krista Mashore Coaching trademark and logo are proprietary marks of Krista Mashore Coaching, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Krista Mashore Coaching.

 

Subject to your continued strict compliance with all Terms, Krista Mashore Coaching provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website.  You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. 

If you purchase a subscription to Krista Mashore Coaching software over the Website, Krista Mashore Coaching provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software.  You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Krista Mashore Coaching; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Krista Mashore Coaching; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.  

You agree not to use or attempt to use the Website, or any software provided by Krista Mashore Coaching, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Krista Mashore Coaching.  You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from: 

  1. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Krista Mashore Coaching’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Krista Mashore Coaching or any third party;
  2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Krista Mashore Coaching’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
  1. SENSITIVE INFORMATION.  You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Krista Mashore Coaching, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information.  Your submission of personal information through the Website is governed by our Privacy Statement.  Our Privacy Statement may be viewed at www.kristamashore.com.  Krista Mashore Coaching reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time.  Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

 

As a Krista Mashore Coaching user, you will be required to create an account with Krista Mashore Coaching.  You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person.  You are responsible for maintaining the confidentiality of any password you may use to access your Krista Mashore Coaching user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party.  So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in Krista Mashore Coaching’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your Krista Mashore Coaching user account or enhanced pricing for your Krista Mashore Coaching user account, at Krista Mashore Coaching’ sole and exclusive discretion.  You are fully responsible for all transactions with, and information conveyed to, Krista Mashore Coaching under your user account.  You agree to immediately notify Krista Mashore Coaching of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that Krista Mashore Coaching is not liable, and you will hold Krista Mashore Coaching harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.

 

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted.  We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed.  Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@kristamashore.com or krista@kristamashore.com in order to modify or cancel your pending order.  We cannot guarantee that we will be able to amend your order in accordance with your instructions. 

All items are subject to availability.  We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service.  If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order.  We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.  

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.  

All advertised prices are in, and all payments shall be in, U.S. Dollars. 

SECTION 6 – REFUNDS FOR HARD GOODS

If you have purchased a “hard good” (for example, a book or other tangible product) from Krista Mashore Coaching or any related brands, you may receive a limited refund if you comply with the following conditions:

  1. You must request a refund in writing by contacting support@kristamashore.com or krista@kristamashore.com
  1. Your request for a refund must be made within thirty (30) days of your purchase;

 

  1. You must return the hard goods to Krista Mashore Coaching immediately, according to the shipping and other instructions you will receive by email after requesting a refund;

 

  1. The hard goods must be returned to Krista Mashore Coaching in like-new, or re-sellable condition, as determined in Krista Mashore Coaching’ sole, reasonable discretion.

SECTION 7 – AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

 

If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address support@kristamashore.com or krista@kristamashore.com.  If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full Krista Mashore Coaching monthly membership subscription rate provided at the time of enrollment each month until you cancel.  Krista Mashore Coaching can change the monthly membership subscription rate at any time.  If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel.

 

If you wish to cancel your Krista Mashore Coaching subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address support@kristamashore.com or krista@kristamashore.com.  For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email.  If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Krista Mashore Coaching; Krista Mashore Coaching in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted. 

Important: 

Krista Mashore Coaching Book Orders

Please allow 10-14 business days to receive your free book.
To receive your order, you must pay a one-time shipping and handling fee of $8.95. A single copy of the Krista Mashore Coaching book is free when you cover the cost of shipping. Additional shipping may apply for rush shipping or additional products ordered.


I'm so confident that you’ll love my book that I am giving you a 100% Satisfaction GUARANTEE! If you don’t love it, I will refund your shipping and handling cost and let you keep the book anyway! That’s right. You don’t even need to send anything back. Just call customer service and I’ll give you back your shipping cost – no questions asked.

SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT 

 

A Krista Mashore Coaching user is responsible for paying all sums due to Krista Mashore Coaching in connection with their monthly subscription in accordance with these Terms.  The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us.  Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”).  Failure by the Krista Mashore Coaching user to use any of the services available through the service provided by Krista Mashore Coaching does not relieve the Krista Mashore Coaching user of their payment obligations under these Terms. 

 

Potential users can pay by credit card or debit card.  Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.  You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).  

 

IF YOU ARE A KRISTA MASHORE COACHING USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT.  IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO KRISTA MASHORE COACHING, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING SUPPORT@KRISTAMASHORE.COM OR KRISTA@KRISTAMASHORE.COM. AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.

Krista Mashore Coaching reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice).  Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Krista Mashore Coaching starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below. 

 

In addition to any Fees, Krista Mashore Coaching may also charge applicable value added or other tax.

 

SECTION 9 – SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order.  Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change.  If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us.  The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.  

SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE

Products, services, and prices are generally posted at the following URL, but are subject to change: www.kristamashore.com/terms. Krista Mashore Coaching reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing, or placing an order over the Website, you authorize Krista Mashore Coaching to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Krista Mashore Coaching services, and unless you terminate your subscription as provided herein, you agree that Krista Mashore Coaching may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.

Krista Mashore Coaching takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website.  If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 

When ordering products or services, please note that Krista Mashore Coaching does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive.  All sales are deemed final except as provided in Section 6 of these Terms. Krista Mashore Coaching’ descriptions of, or references to, products or services not owned by Krista Mashore Coaching are not intended to imply endorsement of that product or service or constitute a warranty by Krista Mashore Coaching.

SECTION 11 – IMPORTANT DISCLOSURE

 

Krista Mashore Coaching is a publisher and education company. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.


You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time regarding securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.


You understand and agree that certain of Krista Mashore Coaching’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.


Third-Party Content is not subject to Krista Mashore Coaching’s investment policy and therefore the preceding paragraph does not apply to Third-Party Content, Krista Mashore Coaching makes no representations regarding Third-Party Content, nor is Krista Mashore Coaching liable for Third-Party Content.


You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.


From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.


To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:

  • performance results for the portfolio do not reflect actual trading commissions that You may incur;
  • performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results;
  • the investments chosen for the portfolio may be volatile, and although the “purchase” or “sale” of an investment in a portfolio will not be effected in the portfolio until after the sending of an email alert from Krista Mashore Coaching has been commenced, server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert;
  • You may not have the capital to trade as frequently as the portfolio;
  • the size and timing of a subscriber’s purchase or sale of a stock may affect the price of the stock.

  

SECTION 12 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Krista Mashore Coaching is pleased to hear from users and customers and welcomes your comments regarding our services and products.  Krista Mashore Coaching may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it.  Testimonials may be used for any form of activity relating to Krista Mashore Coaching’ services or products, in printed and online media, as Krista Mashore Coaching determines in its sole and exclusive discretion.  Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products.  As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond Krista Mashore Coaching’ control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Krista Mashore Coaching a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them. 

 

Additionally, Krista Mashore Coaching reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use.  Krista Mashore Coaching shall be under no obligation to use any, or any part of, any testimonial or product review submitted.  

SECTION 13 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:  

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree to protect, defend, indemnify and hold harmless Krista Mashore Coaching, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against Krista Mashore Coaching for liability for payments for, damages caused by, or other liability relating to, You.

SECTION 14 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL KRISTA MASHORE COACHING OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER KRISTA MASHORE COACHING HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. 

IN NO EVENT SHALL KRISTA MASHORE COACHING’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO KRISTA MASHORE COACHING FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST KRISTA MASHORE COACHING OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.

SECTION 15 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS.  EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.  YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.  YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at support@kristamashore.com or krista@kristamashore.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof.  We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Contra Costa County, California, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration.  The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Krista Mashore Coaching.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.  In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles.  Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Krista Mashore Coaching agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party.  You and Krista Mashore Coaching expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.  

This provision survives termination of your account or relationship with Krista Mashore Coaching, bankruptcy, assignment, or transfer.  If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply.  If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.  

SECTION 16 – KRISTA MASHORE COACHING’ ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Krista Mashore Coaching, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Krista Mashore Coaching or a third-party, Krista Mashore Coaching shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Contra Costa  County, California restraining such breach, threatened breach, infringement, or threatened infringement.  Nothing in this Agreement shall be construed as prohibiting Krista Mashore Coaching from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Contra Costa County, California for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.  

SECTION 17 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Krista Mashore Coaching, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 18 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Krista Mashore Coaching a notice requesting that Krista Mashore Coaching remove the materials or content from the Website.  If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Krista Mashore Coaching a counter-notice. Notices and counter-notices should be sent to Krista Mashore Coaching, Attention Legal Department, 4075 Pier Point, Discovery Bay, California 94505 or by e-mail to support@kristamashore.com or krista@kristamashore.com. The Terms fully incorporate by reference the DMCA Policy. 

SECTION 19 – THIRD-PARTY LINKS

The Website may contain links to other websites.  Krista Mashore Coaching assumes no responsibility for the content or functionality of any non-Krista Mashore Coaching website to which we provide a link.  Please see our Privacy Policy located at PRIVACY STATEMENT. for more details.

SECTION 20 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest.  If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Krista Mashore Coaching or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Krista Mashore Coaching.

Upon termination, you remain responsible for any outstanding payments to Krista Mashore Coaching.

SECTION 21 – NO WAIVER

No failure or delay on the part of Krista Mashore Coaching in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement.  A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Krista Mashore Coaching.

SECTION 22 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement. or any matter concerning Krista Mashore Coaching, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of California without regard to its conflicts of laws principles.  To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Contra Costa  County, California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.  All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SECTION 23 – FORCE MAJEURE

Krista Mashore Coaching will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.  

SECTION 24 – ASSIGNMENT

Krista Mashore Coaching may assign its rights under this Agreement at any time, without notice to you.  Your rights arising under this Agreement cannot be assigned without Krista Mashore Coaching’ (or its assigns’) express written consent.

 

SECTION 25 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication.  When you communicate with Krista Mashore Coaching through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically.  You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.  

SECTION 26 – CHANGES TO THE AGREEMENT

 

You can review the most current version of the Terms at any time at Terms.  We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement by posting updates and changes to our Website.  It is your responsibility to check our Website periodically for changes.  Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.  

SECTION 27 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website.  You further represent that Krista Mashore Coaching has the right to rely upon all information provided to Krista Mashore Coaching by you, and Krista Mashore Coaching may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you.  If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Krista Mashore Coaching of the same within 24 hours.  Krista Mashore Coaching, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Krista Mashore Coaching without incurring any obligation or liability to you.  

SECTION 28 – SEVERABILITY 

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 29 – ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Krista Mashore Coaching and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Krista Mashore Coaching.  We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 30 – CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services.  Please feel free to do so by sending an e-mail to support@kristamashore.com or krista@kristamashore.com. 

 

If you have any questions or inquiries concerning any of the Terms, you may contact Krista Mashore Coaching by email at support@kristamashore.com or krista@kristamashore.com or by regular mail at 4075 Pier Point, Discovery Bay, California 94505.    

For additional inquiries, please feel free to send an email to the relevant address listed below.

Compliance: support@kristamashore.com or krista@kristamashore.com

Spam or Abuse: support@kristamashore.com or krista@kristamashore.com

For General Support and Inquiries: support@kristamashore.com or krista@kristamashore.com

Notices to you may be made by posting a notice (or a link to a notice) on Terms by email, or by regular mail, at Krista Mashore Coaching’ discretion.

SECTION 31 – DATA PRIVACY SHIELD – GDPR

What is GDPR? It is the EU Data Privacy Shield that becomes effective on February 8, 2023. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union.  The “Personal Data” definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.

Is Krista Mashore Coaching GDPR Compliant? In short, yes. Please see our privacy policy at www.kristamashore.com/privacy for more information.

 

Copyright 2023 – Krista Mashore Coaching – All Rights Reserved