Terms of Use
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to the Tenacious Coaching use of cookies in accordance with the terms of the Tenacious Coaching privacy policy / cookies policy.
License to use website
Unless otherwise stated, Tenacious Coaching and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the liense below, all the intelllectual propert rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Tenacious Coaching’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Tenacious Coaching’s express written consent.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Tenacious Coaching a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Tenacious Coaching the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Tenacious Coaching or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Tenacious Coaching reserves the right to edit or remove any material submitted to this website, or stored on servers, or hosted or published upon this website.
Notwithstanding Tenacious Coaching’s rights under these terms and conditions in relation to user content, Tenacious Coaching does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Tenacious Coaching makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Tenacious Coaching does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.
Limitations of liability
Tenacious Coaching will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Tenacious Coaching has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Tenacious Coaching’s liability in respect of any:
- death or personal injury caused by Tenacious Coaching’s negligence;
- fraud or fraudulent misrepresentation on the part of Tenacious Coaching; or
- matter which it would be illegal or unlawful for Tenacious Coaching to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Tenacious Coaching has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Tenacious Coaching officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Tenacious Coaching’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Tenacious Coaching and undertake to keep Tenacious Coaching indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Tenacious Coaching to a third party in settlement of a claim or dispute on the advice of Tenacious Coaching’s legal advisers) incurred or suffered by Tenacious Coaching arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Tenacious Coaching other rights under these terms and conditions, if you breach these terms and conditions in any way, Tenacious Coaching may take such action as Tenacious Coaching deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Tenacious Coaching may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Tenacious Coaching may transfer, sub-contract or otherwise deal with Tenacious Coaching’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with Tenacious Coaching’s Privacy and Cookies Policies, constitute the entire agreement between you and Tenacious Coaching in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with United States Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of the United States.
Contact details
You can contact Tenacious Coaching at 844.966.2526 or support@tenaciouscoach.com
Disclaimer
By using this website or any information within, including but not limited to podcast blogs, videos, audios, social media posts, products, services, you acknowledge that you have read and agree to the terms in this disclaimer. If you do not agree with these terms, do not use this website.
Assumption of risk
You expressly agree that the use of this website is done at your own risk. The information published on this website is for informational purposes only. Any reliance you place on such, you do at your own risk. You understand that while great care is taken to provide you with the best information possible, “Tenacious Coaching” (“company”) makes no representations or warranties of any kind, express or implied, about the reliability, accuracy, completeness, security, or currency of the information provided.
Informational purposes only
The information provided on this website is for informational purposes only. In no way is the information provided meant to be a substitute for professional legal or financial advice. If you require legal or financial services, it is your responsibility to seek it out from a licensed attorney or financial services professional.
In no way is the information provided meant to be a substitute for medical or psychological advice. This information does not serve to diagnose, treat, or provide a cure for any condition you may be experiencing. If you require medical or psychological services, it is your responsibility to seek out the attention of a licensed doctor or mental health professional.
Not professional medical services
Company provides professional life coaching, career coaching, and financial coaching services. In the context of this agreement, the service company providing strictly life coaching, career coaching, and financial coaching.
Company is not providing professional healthcare services
Company does not claim to and will not be held responsible for diagnosing, treating, or curing any physical or mental health condition, nor will company be prescribing any form of medication. Company’s services do not take the place of client’s team of healthcare professionals. Under no circumstances should client stop seeing his or her team of healthcare professionals.
If client decides to act based on the coaching he or she receives from company, client does so at his or her own risk. Client understands and acknowledges that company is not providing professional healthcare services. Company is not serving as a professional healthcare provider.
Earnings disclaimer
The information published on this website regarding income, earnings, business profits or personal financial status is for informational purposes only. The information may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation. As you know, financial outcomes depend on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or company may not be able to anticipate. You agree that company is not responsible for your success, or lack thereof. Your reliance on any information provided is done at your own risk.
Testimonials
Any testimonials provided on this website are opinions of those providing them. The information provided in the testimonials is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or company may not be able to anticipate.
Affiliates
Through company’s website, company may promote a product or service based on company’s affiliate relationship with an individual or business. Company may receive compensation if you purchase the promoted product or service through company’s link. Company’s promotion of the product or service does not serve as an endorsement and should not be seen as such. If you choose to purchase any affiliate products or services, you do so at your own risk.
No warranties
This website and the information, content, and materials on this website are provided on an “as is,” “where is,” and “where available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the website, the content, information, or the materials on this website. To the fullest extent permissible under applicable law, company expressly disclaims all warranties, express or implied, of any kind, with respect to any of the materials, content, or information on this website or any services, goods, or other products offered, sold, or displayed on this website or your use of this website generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.
Contact
Should you have questions regarding the disclaimers, please contact support@tenaciouscoach.com.
Updated: March 22, 2022
