Terms

LAST UPDATED: May 13, 2024

SERVICES AGREEMENT

This Services Agreement (this “Agreement”) is entered into by the Coach identified below (“Coach”) with Excelia, Inc. (“Company”).  Coach and Excelia agree to the terms set forth below and the Terms of Use incorporated hereby by this reference.

Coach is acquiring from Company training and client reports for the Client identified below based on skills Coach identifies.   

 

Coach will not use the training, methodology and processes used in the reports to develop similar reports for itself or others and will not re-sell similar services.

 

Coach will not use the use reports purchased by Coach solely for the client of Coach identified at the time of Coach orders such reports (the “Client”).

 

 

Terms of Use

 

No Guaranties as to Results

As set forth more fully in the Disclaimer below, you agree that Company has not made any guaranties about the results of taking any action, whether recommended by this website or any of the reports and other resources available to your account (the “Content”). Company provides educational and informational resources that are intended to help coaches succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your and your Client’s particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of Coach or otherwise –  or applying the principles and ideas set out in the Content are no guaranty that you or any other individual or entity will be able to obtain similar results.

MATERIALS PROVIDED TO THE WEBSITE

Company does not claim ownership of the data you enter or materials you provide to the website or to Company (including feedback and suggestions) or post, upload, input or submit to any website or our associated services (collectively “Submissions”). However, by entering, posting, uploading, inputting, providing, or submitting your Submission you are granting Company, our affiliated companies, and necessary license and permission to use your Submission in connection with the generation of the reports you purchase and operation of their businesses including, without limitation, the rights to:  copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.  No compensation will be owed by Company for its use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Company’s sole discretion.

By entering, 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.

Intellectual Property Use and Prohibitions 

You are granted a non-exclusive, non-transferable, revocable license to access and use this website and the reports and other resources available to your account for download from the website strictly in accordance with these Terms of Use.

You will use the reports you buy and related Content solely for provision of your services to the Client and not (in whole or in part) in connection with any other client.  You warrant that you will not use the Content for any purpose that is unlawful or prohibited by these Terms of Use.  You will not use the methodology and processes used in the reports to develop similar reports for yourself or others and will not re-sell similar services or content to the Content.   You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

All content included as part of the Content, such as reports, ideas, text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content.

Except as authorized by these Terms of Use, the Content is not for resale and is for use solely in connection with the Client. Your use of this website or any of the Content does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the Content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms of Use.

Company name, Company logo, Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.

 

LINKS TO THIRD PARTY WEBSITES AND SERVICES

The website and other portions of the Content may contain links to other websites (“Linked websites”). The Linked websites are not under the control of Company and Company is not responsible for the contents of any Linked website, including without limitation any link contained in a Linked website, or any changes or updates to a Linked website. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.

Certain services made available via this website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the website, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of the website’s users and customers.

USE OF TEMPLATES FORMS, AND REPORTS

Company provides various templates, forms, and/or reports for download and/or sale on this website. Company grants you a limited, personal, non-exclusive, non-transferable license to use such templates, forms and/or reports for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates, forms and/or reports in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

By ordering or downloading Content, you agree that such Content you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Company.

USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL

Company from time-to-time provides various courses, programs, and associated material for sale on this website. Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

NO WARRANTIES

COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE OR VALUE OR USEFULNESS OF THE CONTENT. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE FORMS, REPORTS COURSES, ANALYSIS, MEASUREMENTS, INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR OTHER CONTENT OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF CONTENT.

THE FORMS, REPORTS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN THE CONTENT OR AVAILABLE TO YOUR THROUGH THE WEBSITE MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME.

COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, FORMS, REPORTS, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS”.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, REPORTS, OR OTHER CONTENT, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, CONTENT, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CONTENT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND CONTENT.

ARBITRATION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Content, Company, any and all contracts you enter into with Company, and any and all of Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration  with Judicial Arbitration and Mediation Services (“JAMS”) under the Commercial Arbitration Rules to occur in Seattle, Washington. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

You content to the jurisdiction and venue of the state and federal courts in Seattle Washington with respect to confirming any arbitration award.

INTERNATIONAL USERS

The Content is controlled, operated and administered by Company from our offices within the USA. If you access the Content from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Company Content accessed through the website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of or inability to use the website or  other Content, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

 

TERMINATION AND ACCESS RESTRICTION

Company reserves the right, in its sole discretion, to terminate your access to the Content and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Content is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

NO JOINT VENTURE OR OTHER RELATIONSHIP​

You agree that no joint venture, partnership, employment, franchise, or agency relationship exists between you and Company as a result of this agreement or use of the website. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT​

Unless otherwise specified herein, this agreement, along with other terms and conditions on this website, constitutes the entire agreement between the user and Company with respect to the Content and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Content. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

Company reserves the right, in its sole discretion, to change the Terms of Use under which the Content is offered. The most current version of the Terms of Use will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.