Terms & Conditions
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Drift Proof Coaching, LLC digital or downloadable resources, online course, one-on-one or group coaching, class, program, pre-enrollment promotional program or offer, workshop, or training, video, member portal(s), enter any online private forums operated by Drift Proof Coaching, LLC (for any purpose), whether on a website hosted by Drift Proof Coaching, LLC, including https://andrewcipriano.com (“Website”), or a third-party website such as an online course platform or Discord.com, participate in any workshop or challenge; attend any live (in-person) or virtual event hosted or promoted by Drift Proof Coaching, LLC; and/or purchase or take part in any future service or activity offered by Drift Proof Coaching, LLC, whether now known or unknown (collectively the “Program”).
If you do not agree with these TOU, you may not use the Program or Website.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Drift Proof Coaching, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively, the “Company”); (ii) any Company volunteers; and (iii) Andrew Cipriano.
1. Program and Participants
If you have any questions about whether or not the Program is for you, please email at [email protected].
This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Program may not be appropriate for children. Children under the age of eighteen (18) are not permitted to use the Program. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
2. Payment
You agree to the fees and payment schedule for the Program you selected at checkout. If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).Unless stated otherwise, payment in full is required before you are permitted to participate in any Program. If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently.
If you fail to make any payment in a timely manner (on the date in which payment is due) or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen, unless otherwise mentioned within these TOU. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
3. Refunds & Payment Plans
We want you to feel confident in your decision to join the Escape the Vape program and are committed to your success. However, we understand that sometimes things don’t go as expected. That’s why we offer a 30-day refund policy for the program.
30-Day Refund Guarantee
If, within 30 days of your purchase, you feel that the Escape the Vape program isn’t the right fit for you, we’ll be happy to provide a full refund. To request a refund, simply follow these steps:
1.Email Us: Send an email to [[email protected]] within 30 days of your purchase date, letting us know you’d like a refund.
2. Complete a Quick Survey: Once we receive your refund request, we’ll send you a short survey. This survey is designed to gather feedback about your experience so we can continue to improve our program.
3.Receive Your Refund: After completing the survey, we will process your refund and send you a confirmation email. Please note that refunds typically take 5-10 business days to appear in your account, depending on your payment method.
Exceptions: No Refunds for 1-on-1 Coaching
Please note that refunds are not available for 1-on-1 coaching services. All sales for personalized coaching sessions are final, as they require dedicated time and resources to ensure a tailored experience. If you have any questions about this policy or need assistance, feel free to contact us at [email protected].
Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase, or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Third-Party Payment Plans (Klarna, Afterpay, etc.)
If you purchased the program using a third-party payment plan provider, such as
Klarna, Afterpay, or similar services, the refund process will follow these steps:
-Upon approval of your refund request, we will notify the third-party payment provider to process the refund.
-Any payments already made through the third-party provider will be refunded based on their terms and conditions
-Please note that refunds will not cancel any outstanding installments with your payment provider. You are responsible for completing the remaining payments directly with the third-party service, even if the program is refunded.
For more information on your payment plan provider's refund and installment policies, please refer to their terms and conditions.
4. Guest Coaches and Coach Substitutes
The Company may have guest coaches and/or coach substitutes participate and coach the Program. The Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of the Company’s choosing, to deliver, administer, and carry out the Program, without providing advanced notice nor needing consent from any participant.
If a participant disagrees with or fails to consider Company’s guest coach or coach substitute as qualified, no grounds to receive a refund are created, and any request for a refund on this basis shall be denied.
5. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, spreadsheets, online tools or calculators, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or the Company's affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company's Limited License to You
If you view, purchase or access any Program or any of the Content, you will be considered the Company's Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use individual pages of the Program and Content for your own personal, non-business purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third-party money, other than by using it in your own business. By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content - it is still Company property. Any reproduction or unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must receive the Company's written permission before using any of the Program or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the Company's written permission.
All rights not expressly granted in these TOU or any express written license, are reserved by the Company
c. Recorded Coaching Calls and Live Events
The Company’s coaching calls and live events will be recorded and may be made available to Program participants.
However, in Company’s sole right and discretion, Company may refuse to present or provide any Program participant with the live coaching call and live event recordings. Company’s potential changes referenced above do not pose as grounds for a participant to receive a refund and any request for a refund on this basis will be denied.
Recorded live coaching calls and live event recordings are considered Content and therefore, may not be downloaded, shared, displayed, distributed, copied, sold, duplicated, reproduced, used, or republished.
d. Unauthorized Use
Your use of any materials found in Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of Five Thousand Dollars ($5,000.00) if you did not pay fees for the Program, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
e. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old. You are also granting the Company, and anyone authorized by the Company, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting the Company the right to make it part of the Company’s current or future Program and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you. You acknowledge that the Company has the right but not the obligation to use any contributions from you and that the Company may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by you or the Company during your participation in the Program, including images in which your face is visible and recognizable or your full name.
f. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect its intellectual property and ownership rights in the Program and Content.
6. Escape the Vape: Lifetime Access to Content and Materials in Program
You are granted lifetime access to the Program materials and Content within the Quit Vaping for Good Program, for the life of the Program only.
This means you will have access to any Program materials found within the Quit Vaping for Good Program, provided your account is in good standing, for as long as the Company continues to host and provide access to the Content you have purchased.
Please note that Company, in its sole right and discretion, may temporarily suspend or terminate your lifetime access in the Program at any time, without providing notice to you, if in Company’s discretion you have violated these TOU in any way.
7. Coach/Client Relationship and Responsibilities of The Parties
The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.
a. The Company’s Responsibilities:
i. The Company’s coaches and guest instructors are trained to use their communication skills and coaching tools to support you throughout the Program.
ii. The Company’s coaches and guest instructors will provide guidance to you based on information you provide.
iii. The Company’s coaches and guest instructors will answer questions through whatever forum the Company provides for the Program, which may include the Discord server and live group coaching calls on Zoom; replays may be made available if you are not available to attend live.
iv. During your coaching experience, the Company’s coaches will provide a supportive and encouraging environment--one in which you can relax and explore your potential.
v. The Company’s coaches will not be acting in any capacity as a medical doctor, attorney, financial or tax advisor, or other licensed professional at any time.
b. Your Responsibilities for Best Results:
i. Watch and/or listen to all video content provided on the Website and complete all worksheets assigned during the Program, at your own pace.
ii. Attend live group coaching calls.
iii. Participate, engage, and ask for coaching and help in the Company’s private Discord server and in the member portal on our Website.
iv. Attend live in-person events, if applicable.
v. You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.
vi. You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental, or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
8. Your Conduct
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, seminar, mastermind, or program, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as coaching services and/or programs, coaching masterminds, online programs, live-events, or other products or services to Program participants, unless you are authorized or requested to do so by the Company.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
Harassing, fighting with, or being disrespectful to the Company or other Program participants.
Causing damage to any Company website or third-party forums operated by the Company.
Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity.
Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software.
Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes.
Systematically or automatically collecting data from any Company website or third-party forums operated by the Company.
Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials, or any other content posted and/or shared by Company and/ or participants without receiving their advance permission.
Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials, or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums operated by Company.
Using discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content. Without refund.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
9. Community Guidelines
The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within the Company’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants.
The Company’s community guidelines are as follows:
a. The Company’s Program promotes diversity amongst its participants. Therefore, the Company encourages all participants to connect with one another and to learn about one another’s background, interests, hobbies, and points of view. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
b. The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Program. Therefore, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that result in another participant’s trauma or discomfort.
c. The Company has created a safe space for all participants to feel seen, respected and heard. Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each participant must demonstrate respect towards one another.
d. Participants must support each other with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
e. The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base services of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company..
The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website (such as Discord.com), which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.
10. Confidentiality
The Company is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record coaching calls and share them in the Program, on the Website, or on third-party forums operated by the Company.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company, without permission. If the Company discovers you have done so without permission, this will be grounds for immediate termination of your access to the Program and Content you will not be issued a refund.
11. Username and Password
To access certain features of the Program, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
12. Reviews
The Company respects and welcomes all Program participants to provide honest, truthful, and factual feedback, statements, comments, and testimonials, that are based in integrity, regarding their participant experience with the Company and the Program. The Company prohibits comments, feedback, statements, comments, and testimonials regarding their participant experience with the Company and the Program that: (1) contain confidential or private information which includes but is not limited to, the Company’s trade secrets; (2) are unrelated to the Company’s products or services; or (3) are clearly false or misleading.
The Company encourages all participants to reach out to [email protected].com to resolve any concerns participants may have about the Program.
13. Termination or Cancellation
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU.
If you would like to cancel or terminate your participation in the Program, you must contact the Company via email at [email protected] or by submitting a request through the member website and include the following:
Please cancel my membership. I understand that by canceling, I will be removed from any online forum and will lose access to all content, but that I am still bound by all ongoing provisions in the Drift Proof Coaching, LLC Program Terms of Use which I agreed.
Signed,
[ENTER YOUR NAME]
You may cancel at any time. Cancellation or termination does not entitle you to any refund and any remaining, default, or late payments will be due immediately.
In the event of cancellation or termination, your access to the Program, any materials and Content, including any private forums or community, member podcasts, and private coaching, will be immediately terminated by the Company. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.
14. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
b. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees. You are fully aware of the risks and hazards inherent in participating in Program and voluntarily, knowingly and freely assume all risks associated with participating in the Program, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees' affiliates, employees, coaches, agents, representatives, successors, and assigns.
c. Your participation in the Program does not establish a doctor-patient, therapist-patient, attorney-client, accountant-client or business advisor-client relationship of any kind between you, the Company, or anyone providing membership services on behalf of the Company.
d. You represent and warrant to Releasees that you are able to safely participate in the Program and have no medical condition that would make your participation in the Program more hazardous. You acknowledge that you have had a physical examination and have been given a physician's permission to participate, or that you have decided to participate in the Program without the approval of a physician.
e. The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program. If you have thoughts about harming others or yourself, you should NOT participate in the Program. Instead, you should immediately call 911 and seek appropriate professional help. If the Company is informed of your intention to harm yourself or others, the Company reserves the right to contact the proper authorities and release whatever information the Company possesses to protect the individual(s) at risk.
f. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
g. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
h. Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
i. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
j. The Company is not responsible or liable for participants of the Program infringing on another other participant's intellectual property, content or materials.
k. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, the Company will try to limit the frequency and duration of suspension or restriction.
l. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY'S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
m. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
15. Security
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under the Company's control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
16. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws principles. The state and federal court nearest to Lansing, Michigan shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company's Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys' fees and costs from the other party.
17. Users Outside United States
The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
18. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company's websites or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
19. Force Majeure
The Company shall not be deemed in breach of this TOU if the Company is unable to complete or provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, technical or electrical difficulties, epidemic, pandemic, death, illness or incapacity of the Company or any of its members, employees, contractors, or agents, any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing or providing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this TOU.
20. General Provisions
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the laws of the State of Michigan, and that if any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.T
his is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.
The Company may change, modify or update these TOU at any time without notice. Any access or use of the Program or Content by you after the Company posts such changes shall constitute consent to such modifications. If you have any questions or concerns about these TOU, contact [email protected]
PLEASE NOTE THE QUIT VAPING FOR GOOD PROGRAM DOES NOT GUARANTEE RESULTS. IT IS ALSO NOT A REPLACEMENT FOR HEALTH/MEDICAL CARE. IF YOU REQUIRE HEALTH, MEDICAL, PSYCHIATRIC, AND/OR PSYCHOLOGICAL CARE, YOU ARE ADVISED TO RETAIN THE SERVICES OF A LICENSED MEDICAL PROFESSIONAL. SIMILARLY, IF YOU ARE EXPERIENCING ACTIVE TRAUMA OR NEED ASSISTANCE PROCESSING A SPECIFIC TRAUMATIC EXPERIENCE, WE RECOMMEND YOU RETAIN THE SERVICE OF A LICENSED MENTAL HEALTH PROFESSIONAL. IF YOU NEED ASSISTANCE UNPACKING ISSUES OF RACE, PRIVILEGE, AND/OR BIAS, AND EXPLORING HOW THESE THINGS HAVE SHAPED YOUR IDENTITY AND IMPACTED YOUR LIFE AND WORK, YOU SHOULD SEEK THE ASSISTANCE OF A QUALIFIED DIVERSITY COACH WHO IS SPECIFICALLY TRAINED TO ADDRESS THESE MATTERS.
Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the Quit Vaping for Good program. By participating in the Community, you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you. In no event shall the Company be held liable for any injury, loss, or damage resulting from the use of, or reliance upon, the program materials.
21. PHONE AND SMS/TEXT MESSAGES
By providing your phone number to Life Coach Andrew, you agree to receive phone calls and SMS/text messages from us. We may use this contact information to communicate with you regarding our products, services, promotions, and other relevant information. Life Coach Andrew complies with A2P (Application-to-Person) messaging guidelines, including those related to 10DLC (10 Digit Long Code), to ensure the quality and compliance of our messaging practices. You acknowledge and agree that we will only send you SMS/text messages if you have explicitly consented to receive them. You can opt out of receiving SMS/text messages at any time by replying with the word "STOP" to any message received from us. Or you can email: [email protected] with a request to stop messages. Upon receiving your opt-out request, we will promptly cease sending you further messages. Standard messaging and data rates may apply to SMS/text messages sent and received. Please consult with your mobile service provider for details regarding your plan and any applicable charges. Life Coach Andrew is committed to respecting your privacy and will handle your personal information in accordance with our Privacy Policy.