CLAIRE THE HEARTBREAK COACH LLC
STOP WANTING HIM BACK &
FIND SOMEONE BETTER COURSE
TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Claire The Heartbreak Coach LLC digital or downloadable resources, online course, group coaching, class, course, workshop, or training, or enter any online private forums operated by Claire The Heartbreak Coach LLC (for any purpose), whether on a website hosted by Claire The Heartbreak Coach LLC or a third-party website such as an online course platform or facebook.com (collectively “the Course”).
If you do not agree with these TOU, you may not use the Course.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Claire the Heartbreak Coach 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; (iii) Claire Byrne.
- The Course
As part of this lifetime course, you will receive a welcome email from Company and:
- Access to four (4) modules;
- All module materials, such as worksheets;
- Access to sixty (60) pre-recorded videos
The Company may offer Course participants bonus live calls, which are subject to Paragraph 6 of these TOU. The Company will provide advance notice to Course participants regarding details of the bonus live coaching calls (such as the time and date of the calls).
- Bonus Live Calls
From time to time, Company may in its sole right and discretion, offer Course participants Course bonus live coaching calls (“Bonus Live Calls”). Bonus Live Calls are not guaranteed as part of the Course.
In the event Company offers participants Bonus Live Calls as part of the Course, Company will provide advance notice and details to Course participants.
This Course is intended and only suitable for individuals aged 18 and above. Some of the content in this Course may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.
The Company reserves the right to offer additional course elements from time to time, for any subgroup of participants. These additional course elements are a bonus, not a part of the services included in the base version of the Course. The selection of the participants who may participate in any additional course elements is at the sole discretion of the Company.
You agree to the following fees and payment schedule, as selected at checkout:
Option 1 - Pay in Full: Upon registering for this Course, you agree to pay the one-time payment, in full of $597.
Option 2 – Monthly Payments: Upon registering for the Course, you agree to pay the immediate payment of $215, followed by two (2) monthly payments of $215. The recurring payment of $215 will be charged to your card on the same calendar day each month (if, for example, you join on April 12, your card will be charged again on May 12, June 12, and so on).
If paying by debit card or credit card, you give us 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).
If payment is not received when due, the Company reserves the right to terminate your access to the Course and all Content, as defined below, immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Course at any time or for any reason, you will remain fully responsible for the full cost of the Course and all payments in any payment plan you have chosen. 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.
Your satisfaction with the Course is important to us. To receive a refund of the fee you paid for your participation in the Course, you must: (1) email us at [email protected] , requesting a refund and (2) request your refund within thirty (30) days from the date of purchasing the Course.
If you do not request a refund within the thirty (30) period mentioned above, you will not be granted a refund.
We will NOT provide refunds for any request that comes more than 30 days following the date of purchase. After day 30, all payments are non-refundable, and you are responsible for full payment of the fees for the Course regardless of whether you complete the Course.
Please note: If you opted for a payment plan and you do not request a refund within 30 days from the date of purchasing the Course, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. Therefore, if a participant disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request.
Furthermore, if a participant violates these Terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access and participation in the Course without notice and without refund.
The Company may offer additional course elements for a subgroup participant (i.e., women, minorities, other demographic groups). The Company reserves the right, in its sole discretion, to offer participation in these additional course elements to specific participants. If a participant is denied participation in these additional course elements, no grounds for a participant to receive a refund would be created and any request for a refund on this basis will be denied.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Course, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If 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 all three credit reporting agencies or 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.
- Intellectual Property Rights
- Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, 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 Course, 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 our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
- The Company’s Limited License to You:
If you view, purchase or access any Course or any of the Content, you will be considered our 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 one copy of individual pages of the Course and Content for your own personal purposes only.
You may not sublicense the Course or Content to coaches, individuals, or any third parties. Nor may you use the Course Content to teach nor coach other individuals.
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 Course or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Course or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Course or Content shall constitute infringement.
You must receive our written permission before using any of the Course or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Course 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 our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
- The Course: Lifetime Access to Content and materials
You are granted lifetime access to the Course materials and Content, for the life of the Course only.
This means you will have access to any Course materials found within Course, 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 Course at any time, without providing notice nor a refund to you, if in Company’s discretion you have violated these TOU in any way or if you cancel or terminate your participation in the Course.
- Bonus Live Coaching Calls: Recorded Calls
Please note that Bonus Live coaching calls will be recorded and made available to Course participants only. The Bonus Live coaching call recordings will be emailed and made available for Course participants to view only, for a specific time frame. The standard time frame that Company will send the recording of live coaching calls to Course participants will typically be within 48 hours after the conclusion of the Bonus Live Call, and Course participants will then have only 48 hours to replay the live coaching call recording.
However, in Company’s sole right and discretion, Company may refuse to present or provide any Course participant with the live coaching call recordings and Company may change the replay time frame at any time, for any Course participant, without providing notice to Course participants. 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.
Bonus live coaching call recordings are considered Content and therefore, may not be downloaded, shared, displayed, distributed, copied, sold, duplicated, reproduced, used, or republished.
Upon acknowledging these TOU and signing up for Bonus Live Calls, you grant Company consent to record and share the Bonus Live Calls with Course Participants, without further permission from you or compensation by Company to you.
- Unauthorized Use
Your use of any materials found in the Course or Content other than that expressly authorized in these 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 Course in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Course, 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 these TOU would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.
- Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Course such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least eighteen (18) years old.
You acknowledge that the Company records Bonus Live Calls and that these recordings are accessible to clients within the Course. You consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Course that may contain you, your voice and/or your likeness. You grant the Company permission to make them a part of the Course and Content, in any manner or medium in which the Company decides.
This means the Company can record Bonus Live Calls and share the recorded clips within the Course only without further permission from you (furthered detailed above, in this paragraph).
You also grant 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 display any audio recordings made by the Company during the Course or any comments, posts, or other contributions created by you, in whole or in part, in any manner or medium, now known or developed in the future (collectively, “Your Material”) for any purposes, including commercial purposes such as advertising, and grant us the right to make it part of the Company’s current or future website and Content, so long as the Company removes your personally identifiable information from these audio recordings and Your Material. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any audio recordings made by the Company during the Course or Your Material and that we may cease the use the aforementioned at any time for any reason.
This means the Company can use audio clips or comments you have made as testimonials on the Company’s website without further permission from you, as long as the Company removes any information that would identify you.
The Company will request your consent to use, display, distribute or publish Your Material and any photographs, videos, audio recordings and/or any other materials submitted by you to the Company or created by the Company, which may identify you as author or creator of Your Material, in connection with your participation in any Course for any purposes, including commercial purposes such as advertising. Upon receiving your permission, you agree that the Company, and anyone authorized by the Company, is granted 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 display Your Material and any photographs, videos, 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 Course, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason.
This means we will ask for your permission before using any photos, recordings, or comments that identify you, and if you grant that permission, we can use it on our website or advertising.
- 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 us, 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 us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Course and Content.
- Your Conduct in the Course; Confidentiality
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.
Company is not legally bound to keep your information confidential. Nevertheless, Company agrees to keep all information about our relationship strictly confidential, except for as outlined in Paragraph 6 of these TOU, or in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself, or others. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
You agree to keep all information you learn about other Course participants, their business, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law. You agree that the Company shall not be liable for the disclosure of any of your information by another Course participant.
You may remain anonymous, or you may use a screen name or pseudonym instead of your actual name for or during your participation in group sessions and public posts on the Company website and in third-party forums operated by the Company. However, upon first use of your chosen screen name or pseudonym, you may not change your chosen name and you must continue to use it until the termination or conclusion of your participation in the Course.
The Company may record bonus live coaching calls and share them in the Course with Course participants, on the Company’s website, or on third-party forums operated by the Company.
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.
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.
You are strictly forbidden from the following:
• 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
• Sharing private and proprietary information from the Course or other participants with anyone else
• 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
• Harassing, fighting with, or being disrespectful to other participants
We 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, 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.
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 Course and your access to the Content without refund.
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 any online private forums or groups or on any group call. Therefore, 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.
- Username and Password
- Termination or Cancellation
The Company reserves the right in its sole discretion to refuse or terminate your access to the Course and Content, in full or in part, at any time without notice nor refund. In the event of cancellation or termination, you are no longer authorized to access the part of the Course or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Course and its Content will still apply now and in the future, even after termination by you or the Company.
If you would like to cancel your access and participation in the Course, you must provide the Company with written notice (including e-mail). In the event you would like to request a refund upon cancellation, the refund requirements further detailed in Paragraph 5 of these TOU will apply.
In the event you would like to cancel your access and participation in the Course, without requesting a refund or if you’ve failed to meet the refund requirements in Paragraph 5, you will continue to have access to the materials and Content of the Course and you will not be issued a refund for any payments made, nor for any remaining days or months of Course after your cancellation.
In the event you decide to cancel, any remaining payments, default, or late payments will be due immediately.
- Personal Responsibility, Assumption of Risk, Release, Disclaimers
- You acknowledge that, by engaging with the Company for the Course, 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 Course, whether or not caused by the active or passive negligence of the 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 Course.
- The Course and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Course or Content prevents, cures or treats any mental or medical condition. The Course 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 Course.
- 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 Course. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Course, and you understand that results and earnings differ for each individual.
- 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.
- The Company tries to ensure that the availability and delivery of the Course 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, we will try to limit the frequency and duration of suspension or restriction.
- THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE COURSE 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 COURSE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- 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 COURSE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE COURSE.
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
- Legal Disputes
- Users Outside United States
The Company controls and operates the Course from offices in the United States. The Company does not represent that materials on the Course are appropriate or available for use in other locations. People who choose to access the Course 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.
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 Course 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 website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Course 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.
- Force Majeure
The Company shall not be deemed in breach of these TOU if Company is unable to provide all of the Course or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or 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 you of its inability to perform or of delay in completing the Course and shall propose revisions to the schedule for completion of the Course or other accommodations, or may terminate these TOU.
- General Provisions.
The Company may modify these TOU at any time, without your consent or advance notice. All modifications shall be posted on the Company’s website and participants shall be notified when accessing the course. If any provision of these TOU is held invalid or unenforceable, the remainder of these TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. These TOU supersede all prior written and oral representations.
By clicking on the box when signing up for the Course, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Course or Content.