General Terms and Conditions

TERMS AND CONDITIONS OF PURCHASE 

By participating in Coaching (the “Service”) from Melissa Moreno a.k.a Melissa Writes with ImperfectlyVibrant.com (“Coach”), you agree and consent to the following legal terms and conditions that govern your use of the Service and that form a legal agreement between you and the Coach. 

PURCHASING REQUIREMENTS 

You must be at least 18 years of age or older to purchase this Service. The Service is available for individual purchase only. Friends, family, partners, colleagues, etc, will need to each purchase the Service individually. You are expressly prohibited from sharing access to the Service with anyone else. Additionally, you have no right to assign this Agreement as this Service is non-transferable. 

DISCLAIMER AND INDIVIDUAL RESPONSIBILITIES 

Each person’s success and results depends on many factors, including dedication, desire and motivation. You accept the risk of not achieving any results (or less than desirable results) from participating in the Service. This Service does not provide any professional financial, legal, medical or psychological services or advice. None of the content of the Service cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Coach disclaims any liability for your reliance on any opinions or advice contained in the Service. Any third party links to products or services are subject to separate terms and conditions. Coach is not responsible for or liable for any content on or actions taken by such third party websites. Although Coach may recommend third party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them. Participating in the Service is at will and either party can terminate participation in the Service at any time.

In consideration of Client retaining Coach for Private Coaching , Client hereby acknowledges, understands, and agrees to the following:

1. OUR COACHING SESSIONS. We have agreed that your coaching sessions are structured as follows:
2. Amount of sessions and length of Sessions are determined by the amount paid on the coaching enrollment page www.imperfectlyvibrant.com/coachingenrollment on Imperfectly Vibrant’s website.
3. Sessions include access to Imperfectly Vibrant’s Membership as long as Client remains a paid client.
4. Sessions are to be conducted via Zoom or phone if in the U.S. Client will join the virtual meeting with Coach or be available at the scheduled time.
5. RESPONSIBILITIES.
6. CLIENT. Client responsibilities are as follows:
7. Responsibility for wellbeing. Coaching can trigger emotional, mental, and even physical effects. You agree to take full responsibility of your self-care in the emotional, mental, physical, and spiritual dimensions of your life.
8. Responsibility for choices and decisions that arise from or are related to coaching sessions.
9. Responsibility for being on time for sessions, doing the assigned homework, rescheduling or canceling sessions at least 24 hours in advance of the session, and completing payment in full at time of scheduling a session.
10. COACH. Coach has the following responsibilities:
11. Maintain confidentiality, except as outlined in Section 6,
    “Confidentiality”.
12. Reserve the right to refuse services for any reason.
13. Hold the client’s success in mind at all times, be a supportive listener, be on time to each session, send any follow up materials that have been discussed during the session.
14. COACHING.
15. COACHING IS.
16. Coaching is a professional relationships with professional boundaries that is meant to challenge, uplift, and inspire the Client.
17. COACHING IS NOT.
18. Coaching is not a substitute for any kind of counseling, mental health care, health care, treatment of severe mental emotional or psychiatric problems, substance abuse treatment, psychotherapy or any other therapy.
19. Coaching is not for people who are not willing to make changes.
20. Coaching is not the solution to every problem.
21. PAYMENT AND SCHEDULING. Payment for sessions is structured as follows:
22. Payment is to be made in advance of sessions according to the payment plan selected by Client which is detailed on the coaching enrollment page on Imperfectly Vibrant’s website found at www.imperfectlyvibrant.com/coachingenrollment/
23. No refunds will be issued for paid sessions.
24. The Client is responsible for scheduling all sessions within a month of payment.
25. Sessions expire after 1 month of payment and will not be refunded or rescheduled.
26. RESCHEDULING AND CANCELLATIONS.
27. You may reschedule within 24 hours of our session. Any rescheduling with less than 24 hours advance notice is considered a ‘cancellation’.
28. Cancellations made with less than 24 hours advance notice will result in a lost session. No refund will be issued.
29. CONFIDENTIALITY. Coach agrees to keep all conversations and information shared as a result of our coaching sessions completely confidential and protected.
    However, the following are instances where Coach may be obligated to break confidentiality and release information to appropriate authorities, family members, or a court of law:
30. If it is suspected that abuse or neglect of children or elders occurring.
31. If in my presence you make or imply threats of violence or are a danger to yourself or another person.
32. If I feel you may lose control of your actions.
33. If something illegal is occurring.
34. INFORMED CONSENT. Client understands that coaching is for the purpose of helping you define your goals, and create plans to achieve them and Client gives informed consent to engage in coaching services and for Coach to assist in coaching for the aforementioned purpose(s). Client agrees that he/she is using
    coaching services entirely at his/her own risk. Coaching is provided “as is” without any warranty of any kind, express or implied. Client warrants that any decisions, actions, or inaction they made and consequences thereof, are their own and at their
    own risk and that Client takes full responsibility for all emotional, mental, behavioral, and physical risks.
35. STATEMENTS OF INTENT AND RELEASE AND WAIVER OF LIABILITY.
36. Client releases, waives, acquits, holds harmless, and discharges Coach and agents, successors, assigns, personal reps, executors, heirs, and complies (collectively called, “Coach”) from all liabilities and every claim, suit, action, demand, or right to compensation for damages Client may claim to have or that
    Client may have raising out of actions, omissions, or commissions taken by Client or by Coach as a result of the advice give by Coach or otherwise resulting from the coaching relationships contemplated hereunder. Client further declares and represent that no promise, inducement or agreement not herein expressed
    has been made to Client to enter into this Agreement. The Agreement and release made pursuant to this paragraph shall bind Client’s heirs, executors, personal repos, successors, assigns, and agents.
37. Client agrees that Coach may provide Client with other sources of information, including but not limited to links to websites, printed materials, or audio, and Client understands that Coach makes no warranties as to accuracy nor reliability of such information, including their privacy policies. Client will not hold Coach liable for any incident or consequential damages resulting from use or affiliation with such materials.
38. Client acknowledges that Coach is not a licensed health care provider and does not engage in patient diagnosis or the practice of medicine. Similarly, Coach is not a counselor or psychotherapist and does not purport to offer mental health
    care advice.
39. Information and coaching provided by Coach does not constitute legal, financial, tax, medical or other types of evaluation, advice, or representation and is not intended to substitute such evaluation, advice or representation .
40. Client agrees to independently assess any decisions, actions or inactions resulting from or relating to the coaching experience based on medical, psychological, psychiatric, legal, financial, tax or other advice as applicable.
41. Client understands that results are not guaranteed and it is the sole responsibility of the Client to make their own opinions, choices and decisions as well as determine appropriateness and effectiveness of services rendered as well as competency of the Coach.

INTELLECTUAL PROPERTY 

This Service includes materials protected by copyright, trademark and other intellectual property laws. Such materials include but are not limited to written text, workbooks, videos, audio recordings, photos, designs and graphics. Any reproduction or unauthorized use shall constitute infringement. Duplicating, sharing or uploading files from the Service to sharing sites is considered stealing and Coach may prosecute such misconduct to the fullest extent permitted by law. Coach provides you with this Service solely for your personal, noncommercial use and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use the Service in a manner that constitutes infringement or that has not been authorized by Coach. More specifically, you may view, download, print, email and use these materials for your personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from the Service for commercial purposes. Additionally, you may not modify, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit or distribute in any manner or medium, including by email or other electronic means, any material from the Service. 

CONFIDENTIALITY 

To access certain features of the Service, you may need a username and/or password. You agree to keep this information confidential and not share it with anyone else. If Coach has reasonable grounds to suspect that you have shared your username and/or password with anyone else, or forwarded course material to any other person, Coach has the right to suspend or terminate your account and refuse any and all current or future use of the website, online courses and coaching services in whole or part, without refund. 

PRIVACY 

Coach and her third party vendors may collect information from you when you purchase the Service, fill out any type of form, access private membership pages, or otherwise contact Coach via an online form, e-mail or through social media. The information collected may include your name, e-mail, address, phone number, and billing information. Coach collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee promotions and improve website performance and customer service. By purchasing the Service, you will be subscribed to Coach’s e-mail list if you are not already a subscriber. If you wish to unsubscribe from receiving e-mails from Coach unrelated to the Service, you may do so at any time. Each e-mail from Coach includes a link to unsubscribe from e-mail communications. Just be certain to not unsubscribe from the Service list or you will no longer receive information and materials related to the Service purchased. Coach may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits and customize your experience. Coach respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties for marketing or advertising. Coach may, however, share your information with third party service providers working on Coach’s behalf to serve you. Examples include companies and individuals we have engaged to maintain and update websites, private membership sites or e-mail platforms or to process financial transactions. Coach may also be required by law to release information in certain circumstances. Please note that any comments or information that you post on the Service website, including any private membership sites and private Facebook groups, are not private and third parties may make use of your information. Coach is not responsible for any unauthorized uses by third parties in such context. Any third party links to products or services are subject to separate privacy policies. Coach is not responsible for or liable for any content on or actions taken by such third party websites. This Service is targeted and intended for persons over the age of 13. Coach does not knowingly collect information from anyone under 13 years of age. 

FORBIDDEN ACTIVITIES 

You are strictly forbidden from the following: • Causing damage to the Service website, private membership site, or facebook group • Using the Service website, private membership site, or facebook group for any unlawful, illegal, fraudulent or harmful purpose or activity • Using the Service website, private membership site, or facebook group to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software • Using the Service website, private membership site, or facebook group to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes • Systematically or automatically collecting data from the Service website, private membership site, or facebook group • Sharing private, copyrighted and proprietary information from the Course with anyone else or otherwise sharing your username and/or password.

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Coach and her agents and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. 

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY 

THE INFORMATION, PRODUCTS AND SERVICES OFFERED IN THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES NOT WARRANT THAT THE SERVICE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USE, OR PURCHASE OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILTIY FOR CONSEQUENTLIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COACH’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 

GOVERNING LAW 

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws. The state and federal courts located in San Diego County, California shall have exclusive jurisdiction over any case or controversy arising from or relating to the Service. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defense of forum non conveniens. 

CONSTRUCTION OF AGREEMENT 

This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of Coach to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of the Agreement shall not be construed against the drafting party.