TERMS & CONDITIONS
By checking the box on the preceding page or utilizing any of our services, programs, or classes, you indicate that you agree to the following terms and conditions:
TERMS AND CONDITIONS
Phamily Foundations, a subsidiary of The Strong Foundation and Katherine J. Howard, (the “Provider”) agree to provide you with access to the class, course, coaching, and/or program material purchased on www.thestrongfoundation.com (the “Program”) upon the following terms and conditions. By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.
EFFECTIVE DATE
This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.
PROGRAM
The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the dates indicated by the Provider or scheduled by the Participant, as the case may be. These Program features may include lessons, forms, worksheets, checklists, ongoing live training sessions, and private discussion groups. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.
LIMITED LICENSE
By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view, and use the Program. All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.
COPYRIGHT
The material in the Program is covered by the provisions of Copyright Law (United States) and by other applicable laws, policies, regulations, and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
COURSE REGISTRATION
The Participant agrees to provide true, accurate, current, and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of the use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate the access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, and fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
FEES
The fees for online classes, courses, coaching, and any membership programs shall be as set out on the Program Website and offered from time to time. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of the Provider.
MEMBERSHIP FEES AND RENEWALS
If the Participant has elected to subscribe to a membership program as a component of the Program via a monthly payment plan, the Participant agrees to the following terms of membership subscription:
(a) Automatic Renewal – Unless canceled by the Participant in accordance with the cancellation policy outlined below, or refunded under the money-back guarantee Clause outlined below, all monthly or annual subscription plans of the Program shall automatically renew at the end of each subscription period.
(b) Subscription Pricing – The Provider agrees not to change the monthly or annual subscription fees during the initial subscription period as agreed on the Effective Date.
(c) Monthly Subscription – Subscriptions are paid for in advance by the month. If a participant wishes to cancel their subscription, they are entitled to do so, but after 11 PM Pacific time on the first day of the program there will be no refunds made for subscription payments already made. Once a participant cancels their subscription, they are no longer entitled to attend any more classes or consultations after the period in which the last paid-for month of subscription ends.
CANCELLATION POLICY
(a) 12, 24, or 48-week Programs – You may cancel your registration and receive a full refund at any time up until 7 full days before the time the program begins. It is understood that a considerable amount of preparation goes into preparing for programs in the week leading up to it, so advance notice is required for a full refund, except for in the case of the MONEY BACK GUARANTEE clause (see below). If you are on a monthly payment plan, you may cancel your registration at any time and no further payments shall be charged to you. No refunds shall be given for monthly subscription payments already made except for in the case of the MONEY BACK GUARANTEE clause (see below).
For group programs, there will be no refunds given for sessions you have missed. Programs are recorded and you are entitled to a recorded copy of the hour(s) you missed of your class, as long as you email us at the.strongfoundation@icloud.com and let us know exactly the day and duration of time that you missed of your class, and that portion of the class that you missed shall be sent to you.
For private programs, there will be no refunds given for your scheduled sessions. You can always reschedule your private sessions if something comes up on the day and time that you previously scheduled, but we ask that you do so 48 hours before your scheduled session. The first time you miss a private session without rescheduling with 48 hours notice, you’ll be given a free pass. The second time and beyond that you miss a private session without rescheduling with 48 hours notice, you will be charged a flat fee of $50 in recognition that the appointment time you did not show up for could have been filled by someone else. Exceptions are only made in the case of true emergencies.
(b) One, Two, or Three-Day Classes, Private Coaching, and Consultations – There are no refunds issued for any single consultations, one-day, two-day, or three-day classes that you have completed except for in highly exceptional circumstances to be determined at the sole discretion of the Provider only. A full 48-hours notice is required for a refund before a class or consultation. There will be no refunds given for appointments you have missed and for which you did not give 48-hours notice of.
(c) Support Group – No refunds shall be given for support groups that have passed. You can request and receive a refund for upcoming support groups that you have already paid for as long as your request is made within 48 hours in advance of the scheduled time for the support group. Refunds shall be given on a prorated bases (i.e., support groups are $45 a month - so your refund would be what $45 divided by the number of support groups occurring that month, times the number of support groups left that month after your request for a refund).
MONEY BACK GUARANTEE
The Provider wants you to be more than satisfied with the knowledge delivered in your Program, so we offer a money-back guarantee for all 12-week, 24-week, and 48-week-long Programs. Therefore, you are entitled to a full 100% money-back guarantee, if after the first session, you are dissatisfied and can show that you have been paying attention to the material given. You have until 11 PM Pacific Time on the day we meet for your first session to test-drive the program. That gives you through session #1 to decide. If, for some reason, the Program doesn't seem like it's going to meet your expectations, let us know by 11 PM Pacific on the first day of your program and we'll send you questions to prove that you've listened to the class. You'll have 48 hours after that to answer the questions correctly, and assuming you do and you still want a refund, we'll return 100% of your payment to you in full.
PASSWORDS
Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any) and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
CREDIT CARD AUTHORIZATION
By purchasing a Program with a payment plan, the Participant hereby authorizes the Provider to charge their credit card or other payment cards automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.
PRIVACY
The Provider agrees to protect all personal information collected from the Participant for the purpose of providing the Program in accordance with the applicable privacy legislation in the State of California and if applicable, the jurisdiction of the Participant. The Participant agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Program. The full privacy policy of the Provider is available here – https://www.thestrongfoundation.com/privacypolicy. In addition to receiving applicable Program correspondence via email or other electronic communication, the Participant expressly consents to receive any marketing correspondence from the Provider upon registration in the Program. The Participant may unsubscribe from any such marketing lists without affecting access to the Program.
LEGAL DISCLAIMER – NOT PROFESSIONAL ADVICE
The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors, and participation in any support groups, social media groups, or chats, shall not be understood or construed as professional advice. The Provider makes no guarantees on any outcomes from the use of any of the information provided in any of the Programs, Classes, Support Groups, or Consultations. The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate.
LEGAL DISCLAIMER – TECHNOLOGY
The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms, or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.
LIMITATION OF LIABILITY
Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents, or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
DISCLAIMER OF WARRANTIES
The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavors to provide content that is correct, accurate, and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.
RELEASE AND INDEMNITY
The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents, and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents, or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents, or licensors from and against any claims, losses, judgments, damages, costs, and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents, or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.
GOVERNING LAW AND JURISDICTION
The Program is operated by the Provider within the State of California, United States of America. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws of the State of California, and the federal laws of the United States of America applicable therein, without regard to conflict of laws principles.
You, the Participant, agree that any dispute (other than our efforts to collect any outstanding invoice) that may arise regarding the meaning, performance, or enforcement of this agreement or any prior agreement will, prior to resorting to litigation, be submitted to mediation and that the parties will engage in mediation in good faith once a written request to mediate has been given by any party of this agreement. Any mediation initiated as a result of this engagement shall be administered within the City of Arcata, California, and the County of Humboldt, California by the Humboldt Dispute Resolution Program, according to its mediation rules, and any ensuing litigation shall be conducted within said county according to California State law. The results of any such mediation proceeding shall be shared equally by the participating parties. This agreement is governed by the laws of California, in the County of Humboldt, and the City of Arcata. Checking the box below certifies that the Participant understands and agrees to this agreement in full.
CUSTOMER SERVICE REQUESTS
If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs including cancellations or refunds of your Program fees, please email us at the.strongfoundation@icloud.com.
ENTIRE AGREEMENT
This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.
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