Terms of Service & Release of Liability
For PQ GrowPLUS Online Program
This Membership Agreement is between Inspire 417, LLC, DBA Live Inspired Coaching, hereinafter referred to as “Community”, accessed via https://liveinspiredcoaching.com and with the individual listed below, hereinafter referred to as “Member”.
By selecting I Accept during the membership registration, you represent that you have read, understand and agree to be bound by the terms and conditions of this Membership Agreement hereinafter referred to as Agreement.
Article 1 – MEMBERSHIP SERVICES:
The membership services specifically provided by the Community are as follows:
- Continued access to the Positive Intelligence (PQ) Grow content within the app.
Continued accountability with assigned modules, check-ins, and GrowPLUS community within the app
Choose your project/desired outcome and work toward achieving it
Connection with like-minded PQ alumni
Live 1-hour virtual Q&A/group coaching 1x/mo. with Denise, 1st Wednesday at noon where you will review materials, ask questions, report on goals/actions, and support each other to continue on the PQ journey
Access to session recordings
- Live trainings 1x/mo. with Shirzad
Bonus Pathway to Peace membership with access to yoga videos and meditation audios
Continued support with discounted 1:1 PQ coaching sessions with Denise when stuck. 30 & 60-minute options
Article 2 – MEMBER REGISTRATION:
Member will be asked to register to use the Membership Services. Member will choose a unique identifier and password. Member is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Member may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information or using the Membership Services further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Member shall be responsible for:
- a) all use of the site made by the Member’s username and password
- b) maintaining the confidentiality of the Member’s username and password.
Article 3 – FEES:
Member agrees to pay Community membership fees (“Fees”) at the execution of this Agreement and as the Organization requires thereafter. Member will be shown the specific Fees applicable to the Membership Services at the time of execution and will pay such Fees through Organization’s online payment system. Fees are payable as described therein.
Article 4 – RELEASE:
Member hereby releases Organization, as well as any of Organizations affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Member’s dispute with any other Member.
Article 5 – PRIVACY:
Community nor Member will not sell or rent Members personal information to third parties without Members explicit consent. Community shall store and process Members information on computers located in the United States that are protected by physical as well as technological security devices. However, the Community shall be permitted to access and modify Member information.
Article 6 – INDEMNITY:
Member shall indemnify and hold the Community (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Members breach of this Agreement, or Members violation of any law or the rights of a third party.
Article 7 – NO AGENCY:
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Article 8 – TERMINATION:
This Membership Agreement shall continue until terminated by either Party. If the member cancels prior to the next scheduled monthly payment date, a pro-rated refund will not be issued.
This Agreement may also be immediately terminated in the event that there is a breach of the terms of this Agreement by either Party. This Agreement will also immediately terminate upon the death of the Member, the inability of the Member to pay the Fees required, the liquidation, dissolution or discontinuance of the Community by the Community in any manner, or the filing of any petition by or against the Community under federal or state bankruptcy or insolvency laws.
Article 9 – LIMITED LICENSE:
Member acknowledges and agrees that the Community’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Community or its affiliates, licensors, or suppliers.
Member acknowledges and agrees that the source and object code of certain Membership Services and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Community and its affiliates, licensors, and suppliers.
Member expressly agrees not to do anything inconsistent with Community’s ownership of all of the intellectual property discussed herein. Member further agrees that there are no rights, title, or interest in or to any Membership Services, except as stated in this Agreement. In addition, except as expressly set forth in this Agreement, Member is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Community or any third party.
For any Membership Services which enable Member to use any software, content, equipment or other physical or non-physical materials owned or licensed by Community, Community grants Member a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Membership Services, and any related software, content, equipment or other materials FOR PERSONAL, NON-COMMERCIAL USE ONLY.
Article 10 – RESTRICTIONS:
Member is prohibited from selling, reselling, or making commercial use of the Membership Services, unless Member has specifically an executed agreement with Community that expressly allows for such activity.
Article 11 – THIRD-PARTY SERVICES:
Certain Memberships Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services”). Community does not control any Third-Party Services. The organization makes no claim or representation regarding the third-party services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services. There is no implied affiliation, endorsement, or adoption by the Community of these Third-Party Services and Community shall not be responsible for any content provided on or through these Third-Party Services.
Article 12 – MEMBER CONSENTS:
Member agrees and verifies that all of the information they have given the Community and its representatives is accurate, up to date, and without the omission of any requested information. Member agrees and verifies that even if they have omitted any necessary personal information, whether knowingly or unknowingly, they will hold the Community harmless against all liability for any damages that may occur to Member or others because of Member’s actions or inactions. Member agrees to notify the Community Membership Group of any changes or upcoming changes concerning their personal information.
Article 13 – ASSUMPTION OF RISK:
Member agrees and understands that their participation in the Membership Services may involve risks. These risks may lead to tangible or intangible harm, and Member agrees that these risks may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, Member chooses, of their own will and volition, to continue participating in the Membership Services.
Article 14 – INDEMNIFICATION:
Member agrees to defend and indemnify Community and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Member’s use or misuse of the activities, Member’s breach of this Agreement, or Member’s conduct or actions. Member agrees that Community shall be able to select its own legal counsel and may participate in its own defense, if so desired.
Article 15 – REPRESENTATION:
Member agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement.
Article 16 – ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Member and the Community with respect to any and all use of the Membership Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties’ relationship.
Article 17 – COUNTERPARTS:
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.
Article 18 – SURVIVAL:
Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 19 – SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
Article 20 – DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Missouri. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Community will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 21 – GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of Missouri without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Greene.
Article 22 – NOTICES:
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other, personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this section.
Article 23 – HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.