Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Valerie Elhurr Coaching, Inc digital or downloadable resources, podcast, online course, one-on-one or group coaching, class, program, workshop, or training, enter any member portal(s) or online private forums operated by Valerie Elhurr Coaching, Inc (for any purpose), whether on a website hosted by Valerie Elhurr Coaching, Inc, including https://valerieelhurr.com (“Website”), or a third-party website such as an online course platform or Facebook.com, participate in any events or challenges, whether live or virtual, and/or purchase or take part in any future service or activity offered by Valerie Elhurr Coaching, Inc, whether now known or unknown (collectively the “Program”).
If you do not agree with these TOU, you may not use the Program or Website
As used in these TOU, the term “Releasees” is defined to include the following: (i) Valerie Elhurr Coaching, Inc, 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; and (iii) Valerie Anderson.
By accessing or using the Site, you agree to be bound by the terms and conditions of this agreement. In the event that any of these terms are not acceptable to you or should future revisions be unacceptable to you, please cease using the Site immediately.. Your continued use of the Site now or following the posting of any revisions, will indicate your agreement and acceptance of these terms and conditions and any future changes.
Modification of These Terms
We reserve the right in our sole discretion to change, modify, add, or remove the Terms, conditions, and notices under which the Site is offered. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this Site following the effective date of changes to these Terms or other policies means you accept and consent to the changes.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, conditions, and notices.
● You will comply with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, export control laws, regulatory requirements, etc.
● You will use the Site in a professional manner, and you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
● You will not create or attempt to create multiple unique user accounts. This includes using multiple email addresses to access the Site.
● You will not impersonate any person or entity, including, but not limited to, any Valerie Elhurr Coaching, Inc employee, nor will you falsely assert or otherwise misrepresent your affiliation or authority with any person or entity.
● You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
● You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information contained therein without our prior express written consent.
● You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site.
● The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
● You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Site without our prior express written consent or that of the appropriate third party.
● You may not print, download, and/or use the underlying HTML, text, audio clips, video clips, and other content that is made available to you on this Site for anything other than your personal information. These restrictions will apply except in cases where the Company otherwise agrees in writing.
● Without limiting the generality of the foregoing, you may not:
⚬ include such content in or with any product or service that you create or distribute;
⚬ reproduce, duplicate, copy, sell, rent, resell, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
⚬ establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company
⚬ copy such content onto your or any other Web site or publication; or
⚬ direct any other person to do any of the foregoing.
In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third parties. For this notice we may be contacted at support@valerieelhurr.com.
Code of Conduct Requirements
As a member of the any and all Valerie Elhurr Coaching, Inc. programs or communities, you are required to be a good Community member and abide by the following:
● Be respectful and courteous to all other Community members and all coaches, instructors, and employees of Valerie Elhurr Coaching, Inc.
● Do not discriminate against or harass on the basis of any legally protected classification, including, but not limited to race, gender, age, disability, national origin, religion, sexual orientation, or gender identity.
● Do not retaliate for any reason.
● Do not sexually harass or make improper advances.
● Do not hang up abruptly on others when you are on a live call of any kind.
● Do not use your coaching sessions to complain about coaches, instructors, and employees of Valerie Elhurr Coaching, Inc. or other members.
Do not directly contact any coach, instructor, or employee of Valerie Elhurr Coaching Inc. for any reason. Customer Support requests or issues should be directed exclusively to support@valerieelhurr.com.
Confidentiality
The Company is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record coaching calls and share them in the Program, on the Website, or on third-party forums operated by the Company.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company, without permission. If the Company discovers you have done so without permission, this will be grounds for immediate termination of your access to the Program and Content you will not be issued a refund.
The company does not claim ownership of the materials or information you provide to the company (including feedback and suggestions) or post, upload, input, or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting us, our affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of the Site and its businesses, including, without limitation, the rights to: utilize, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission, except to the extent prohibited by law.
None of the Submissions shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any Submissions.
Without limitation of the foregoing, we shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions.
We are under no obligation to post or use any Submission you may provide and may in our sole discretion remove any Submission at any time, for any reason, without notice to you.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
In the course of using the Site, you may submit your personal data and/or the personal data of others. It is your responsibility to ensure this information is accurate and up to date.
Username and Password
To access certain features of the Program, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
Reviews
The Company respects and welcomes all Program participants to provide honest, truthful, and factual feedback, statements, comments, and testimonials, that are based in integrity, regarding their participant experience with the Company and the Program. The Company prohibits comments, feedback, statements, comments, and testimonials regarding their participant experience with the Company and the Program that:
Contain confidential or private information which includes but is not limited to, the Company’s trade secrets;
Are unrelated to the Company’s products or services; or
Are clearly false or misleading.
Termination or Cancellation
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, including the member portal, as well as private third-party groups or platforms operated by the Company, in full or in part, at any time without notice. The Company may terminate your participation and access in the Program and Content at any time, without notice nor refund, if you breach any part of these TOU, or for any other reason in the Company’s sole right and discretion.
If you would like to cancel your access and participation in the Program, you must provide written notice to the Company at support@valerieelhurr.com.
In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination and the Refund Policies detailed above will apply. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.
Links to Third-Party Offerings and Integrations
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. By providing these links, we do not endorse, sponsor, or recommend such sites or the materials disseminated by or services provided by them, and we are not responsible for the materials, services, or other situations at or related to or from any other site, and you hereby irrevocably waive any claim against the Company with respect to such third-party sites and third-party content.
We may provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our Site to provide you with additional functionality, tools, or services such as processing payments, sending newsletters, or providing translations.
You acknowledge and agree we are not responsible for the availability of such sites or resources and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites or resources.
We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of your personal information that you provide or is collected by such sites. We encourage you to review the privacy policies and terms and conditions on those Linked Sites.
Information Collected by Third Parties
We may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with our Site. Our Site does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies.
Electronic Communications Privacy Act Notice (18 U.S.C. §§2701-2711)
We make no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. We will not be liable for the privacy of the information, email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
Payment
You agree to the fees and payment schedule for the Program you selected at checkout.
PROGRAM
Coach Collective ™ Program
Upon enrollment into Coach Collective Program™. You agree to pay the company the investment price of one thousand nine hundred seven dollars ($1,997) to use the program and its services.
SUBSCRIPTION MEMBERSHIP
Coach Collective™
Unless otherwise granted access to the membership from another company promotion, You agree to pay the company one dollar ($1.00) for an initial trial period of 14 days to access the subscription material. Immediately after completion of the 14 day trial period, you agree to pay the company two hundred and ninety-seven dollars ($297 USD) is processed. In connection with our satisfaction guarantee, should you decide, during your one dollar ($1.00) trial period and you no longer wish to continue your membership, Coach Collective will cancel any future billing, no questions asked. Otherwise, the membership payment of two hundred and ninety-seven dollars ($297 USD) will be processed automatically each month, on or about the same date of signup, until the membership is canceled. To cancel your subscription you agree to cancel before the completion of the 14 day trial. To cancel any subsequent payments that have not come due, email support@valerieelhurr.com cancel your subscription.
l period. 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).
Unless stated otherwise, payment in full is required before you are permitted to participate in any Program. If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently.
If you fail to make any payment in a timely manner (on the date in which payment is due) or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen, unless otherwise mentioned within these TOU. 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.
If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently.
If you fail to make any payment in a timely manner (on the date in which payment is due) or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen, unless otherwise mentioned within these TOU. 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.
Refund Policy
Your satisfaction with your Valerie Elhurr Coaching Inc, Coach Collective as a Coach is of utmost importance to the Company. Once you have enrolled in Coach Collective as a Coach Program or Coach Collective, you will have three hundred and sixty-five (365) days in which to withdraw from the program and request a refund. The Company will not provide refunds for Get Paid as a Coach Program or Coach Collective more than 365 days following the date of your purchase.
The fully complete work that you need to submit with your request for a refund includes ALL of the following items:
● Building belief in your identity and ability as a coach
● Building your problem-solution bank
● Why belief in your clients is important
● Create value in your coaching practice
● Crafting compelling coaching stories
● Positioning yourself as an expert and having fun
● Setting up consultations
● Making offers and tracking no’s
● Building certainty
● Running effective consult calls
● Effective follow-ups
If you are awarded a refund, 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.
If you receive a refund, that shall immediately terminate any and all licenses granted to you under this TOU. You must immediately cease using the materials and destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, documents, membership areas, podcasts, private communities, and other resources.
In all other cases, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that the Company does not offer refunds for any portion of your payment for the Program, and no refunds will be provided to you at any time.
By using and/or purchasing the Program, you understand and agree that all sales are final, and no refunds will be provided.
If you are located outside of the United States, the Company agrees to provide a cooling-off period and will honor your right of withdrawal as required by law.
In the event of Valerie Anderson’s death, Valerie Anderson’s estate shall have 180 days from her death to respond to, settle, emit, distribute, and honor any unfulfilled Program reimbursements. The Company agrees to provide Guest coaches and coach substitutes to fulfill any previously scheduled coaching engagements for Valerie Anderson. See Guest coaches and coach substitute policy.
Right to Refuse Service
We may prohibit you from participating in or utilizing the Site if, in our sole and absolute discretion, you show a disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any person, or in any other disruptive manner.
We also reserve the right to refuse service, terminate your access, remove or edit content, or cancel orders in our sole and absolute discretion.
Guest Coaches and Coach Substitutes
The Company may have guest coaches and/or coach substitutes participate and coach the Program.
The Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of the Company’s choosing, to deliver, administer, and carry out the Program, without providing advanced notice nor needing consent from any participant.
If a participant disagrees with or fails to consider the Company’s guest coach or coach substitute as qualified, no grounds to receive a refund are created, and any request for a refund on this basis shall be denied.
European (EU/EEA/UK) Participants’ Right Of Withdrawal
The Company has a limited refund policy, however, if you have a right of withdrawal under the relevant laws in your country including any applicable European Union laws, then:
● You have a right of withdrawal for a period of fourteen (14) days from acknowledging these TOU. You may withdraw these TOU with the Company for the services part of the Program, without giving any reason, and without incurring any costs other than those provided for in this paragraph.
● The withdrawal period will expire after fourteen (14) days from the day these TOU are acknowledged. However, you do not have a right of withdrawal a) if the Program services under these TOU have already been fully performed with your prior express consent and with your acknowledgement that you will lose your right of withdrawal once the Program services have been performed by us or b) if you have started the Program, with your prior express consent and your acknowledgement that you will lose your right of withdrawal upon beginning use of the Program services.
● If your circumstances do not fall into ‘a’ or ‘b’ mentioned above, and you exercise your right of withdrawal by providing to Company an unequivocal statement (detailed below) within the fourteen (14) day time period, Company shall reimburse to you a partial refund (50%) of payments received from you, no later than fourteen (14) days from the day on which Company is informed of your decision to rescind this TOU in accordance with this paragraph. Company will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event you do not incur any fees as a result of such reimbursement.
● To exercise the right of withdrawal, you should inform the Company of your decision to withdraw by an unequivocal statement of withdrawal to support@valerieelhurr.com.
Access Restriction
Access to parts of the Site may be restricted to authorized persons. If you believe you have been granted access to any document or file by mistake, please exit the restricted section immediately and contact us as soon as possible.
Parts of the Site incorporate encryption technology, but even if there is encryption technology in place, we cannot guarantee that unauthorized individuals will not be able to access confidential information hosted on or downloaded from the Site.
The documents and files hosted on restricted parts of the Site are confidential. You must not distribute the documents and files hosted in these areas except to persons authorized to read them. If you believe that you may have been granted access to a document or file by mistake, you must not download it, copy it, use it for any purpose, or disclose its contents to any other person.
Technical Inaccuracies
The Site may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any typographical, photographic, technical, or pricing errors listed on our Site. We reserve the right to make changes, corrections, and/or improvements to the Site, and to the products and programs described in such information, at any time without notice as described above in Modification of These Terms.
Disclaimers
The testimonials and examples contained on ValerieElhurr.info, onlinecoachintensive.info, valerieelhurr.com, or any other company-owned domains or websites represent exceptional results and may not apply to the average purchaser of our products. The examples and testimonials are the opinions and sentiments of the speakers and are not intended to show typical results or guarantee that anyone will obtain the same or similar outcomes.
As with any business, your results may vary and will be based on your understanding of the material, business experience, expertise, and level of effort. Further, there are unknown risks in business, particularly in online business, that cannot be foreseen and which may affect the results individuals experience. There is no assurance that examples of past results can be duplicated in the future.
Valerie Elhurr Coaching Inc. cannot and does not guarantee your results, earnings, or future earnings achieved as a result of your use of our programs, nor can we provide you with professional and/or legal advice. By signing up/enrolling in the Program training, Product, or Service, you acknowledge and agree that Valerie Elhurr Coaching is not responsible for your results, earnings, or future earnings achieved as a result of our Program, Training, Product, or Service, and you accept the risk that earnings and income statements differ by individual.
The Site and the materials located on or through the Site are provided by us for informational and educational purposes only, with the understanding that we are, by the provision of these materials, not engaged in rendering legal, financial, or other professional advice or service. We make no representation or warranty and disclaim any and all responsibility or liability for the suitability, timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, or availability of information, materials, software, products, and services included in or available on or through the Site for any purpose.
The information and materials on this Site and any communications sent to you via this Site or otherwise from the Company (including, without limitation, newsletters, electronic mail, or communication via telephone) should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information.
ANY RELIANCE ON THE INFORMATION OR MATERIAL ON THIS SITE IS AT YOUR OWN RISK. Advice received via the Site should not be relied upon for personal, professional, career, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.
The Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
To the maximum extent permitted by applicable law, all such information, materials, software, products, and services are provided “as is” and “as available” without warranty or condition of any kind.
To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility, or arising from course of dealing or course of performance.
You understand and agree that any material downloaded or otherwise obtained through the use of the Site is done so at your own discretion and risk, and that you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data, that result from downloading or otherwise obtaining such material.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
Limitation of Liability
Except as expressly provided otherwise herein or in an applicable supplemental agreement, in no event shall the Company, any of the Company’s affiliates, subsidiaries or data providers, or anyone else involved in creating, producing, delivering, or managing the content of this site (collectively, the “Site Providers”), be liable to you or any third party for any claims whatsoever, including, without limitation, direct, indirect, special, incidental, punitive, or consequential damages (including, without limitation, any lost revenues, lost profits, lost opportunities, loss of prospective economic advantage) arising out of or in connection with the use or performance of this Site, any communications sent to you via this Site or otherwise from the Company (including, without limitation, in the form of electronic mail or via telephone), or information available from this Site including, without limitation, any damages suffered as a result of errors, omissions, inaccuracies, interruptions, defects, delays, computer viruses, loss of use, data or profits, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or from any actions we take or fail to take as a result of email messages or other communications you send us, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its Site Providers has been advised of the possibility of damages.
Without limiting the foregoing, the Site Providers assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the content of this site.
Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and, as a result, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.
You also agree that we are not responsible or liable in any way for injury, loss, or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services, or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim, or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.
Arbitration/Disputes
DISPUTE RESOLUTION | ARBITRATION | CHOICE OF LAW
It is hoped that should you and the Company ever have any differences, we will be able to work them out amicably through a phone conversation or email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of California, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction.
Prior to seeking arbitration, you must submit your complaint to support@valerieelhurr.com via email. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of any Payment(s) made by you, up to the date of the award. You agree that no award of consequential or of any other damages may be granted to you and you agree not to seek the same.
You agree that, by using the Site, Content, any Service or any Products, you are waiving the right to a court or jury trial or to participate in a class action. You agree that you may bring claims against us only in your individual capacity and not as a Plaintiff or class member in any purported class, representative, or collective proceeding. Any and all arbitrations will take place on an individual basis, only. Class arbitrations and class actions are not permitted.
By signing up for/enrolling in/purchasing any of our Training Programs, Products, and Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in email or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Orange County, California, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Training Programs, Products, or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Indemnification
You agree to indemnify, defend, and hold harmless the Company; its affiliates, licensees and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third-party service providers of the Site (“Indemnified Parties”) from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties, or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising or resulting in any way from any violation of these Terms or the services provided to you as part of the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Company or any agent or employee of Indemnified Parties (except as and to the extent prohibited by applicable law) including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. Without limiting the foregoing, if you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Media Release – Online and In Person Activities and Events
By attending/participating in a Valerie Elhurr Coaching Inc. program activities and events ( the “Event”), including any live coaching calls, you hereby authorize Valerie Elhurr Coaching Inc to use your name, image and likeness, including but not limited to as may be captured in photographs, audio recordings, videos, artwork, quotes, and any other art or media in connection with the Event (the “Materials”). You hereby release Valerie Elhurr Coaching Inc. and any affiliated or related persons or entities from any and all claims and causes of action you may have based upon Valerie Elhurr Coaching Inc. use of the Materials, and grant Valerie Elhurr Coaching Inc. permission to use, publish, exhibit and/or reproduce the Materials in any manner and in any and all media now known or later developed, without obligation to pay you any royalty or compensation of any kind. Such rights include but are not limited to use in connection with advertising, social media, publicity, marketing, fundraising, promotional and other commercial purposes. If you do not wish to or are not authorized to grant such rights, releases and waivers, you should not attend the Event.
YOU CERTIFY THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THIS RELEASE AND ARE AUTHORIZED TO AND DO AGREE TO ITS TERMS. THE RIGHTS GRANTED HEREIN ARE GRANTED IN CONSIDERATION OF YOUR PARTICIPATION IN THE EVENT AND YOU ACKNOWLEDGE THAT SUCH PARTICIPATION WOULD NOT BE POSSIBLE WITHOUT THE CONSENT AND RELEASE GRANTED HEREIN.