BY PURCHASING FROM POSSIBLE THINGS INC., YOU AE CONSENTING TO THE BELOW TERMS AND CONDITIONS OF POSSIBLE THINGS INC.
By clicking on the box when signing up for the Program, Participant provides the electronic equivalent of their signature and asserts that the Participant has read, understood, and agreed to this entire document. If Participant does not agree with these T&C, do not purchase or use the Program or Program Content.
These Terms and Conditions (hereby “T&C”) are entered into by and between Possible Things Inc., its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assignees (hereby “Company”), and the Undersigned (hereby “Participant”) whereby Company agrees to provide products and/or coaching services as outlined on the webpage where Participant registered (hereby “Program”). These T&C shall be effective from the date of the Participant’s purchase or the start date of Program, whichever date is earlier (the “effective date”) until the previously agreed upon last day of the Program.
DEFINITION OF COACHING: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Company and the Participant designed to inspire Participant to their maximize personal and professional potential. In Programs where this alliance is co-created:
– Participant acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Participant’s exclusive responsibility to seek such independent professional guidance as needed.
– Participant is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship, their coaching sessions, and interactions with the Company. As such, the Participant agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Company.
– To enhance the coaching relationship, the Participant agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the Program.
PROGRAM: Participant will receive the services previously agreed upon with Company for the previously agreed upon term as outlined on webpage where Participant registered. Except as otherwise expressly provided for in these T&C, any adjustments to the Program will take effect following notice to Participant. Company reserves, in its sole right and discretion, the right to adjust the Program offerings or pricing at any time.
Products and Services
Coaching services shall generally be held at a previously agreed upon day, time, duration via a previously agreed upon communication platform (hereby “session”). The Participant is exclusively responsible their attendance and participation as well as the choices and actions that result.
Company will in good faith address all coaching requests made by Participant within the duration of a session. To that end, Company at their discretion may extend the duration of any session beyond the previously agreed upon time. Participant will be made aware of any time extensions as early as possible.
Sessions may be recorded by Company in furtherance of exercising rights or fulfilling obligations under these T&C. These will be made available only to Program Participants. Recordings are considered property of the Company and as such may not be downloaded, shared, displayed, distributed, copied, sold, duplicated, reproduced, or republished by Participant. In signing these T&C, Participant consents and waives right to inspect, review, or approve these recordings prior to use by Company.
Company may have guest coaches and/or coach substitutes participate and coach in the Program. Company, in their sole right and discretion, reserves the right to assign any and all their duties, responsibilities, and obligations under these T&C at any time, to any qualified third party of Company’s choosing, to deliver, administer, and carry out their obligations herein, without providing advanced notice nor needing consent from Participant.
In Programs where Participant is allowed to bring coaching requests to Company between sessions, Company will be available for coaching support to Participant Monday through Thursday and reliable to reply within 1 business day via a mutually agreed upon messaging platform.
In Programs which include access to informational and educational products (hereby “Program Content”), Participant is granted revocable, non-transferable permission to use Program Content for personal, non-commercial use only, limited to Participant only. Participant may view and use Company’s Program Content for Participant’s personal purposes or internal business use only.
PARTICIPANT CONDUCT: The Program is a “pitch free zone.” Participants agree not pitch, promote, market, or sell any other products, groups, programs, or events to Program Participants on any Company website or third-party forums operated by Company, unless authorized or requested to do so by Company.
Participant is responsible for their material and for any liability that may result from the material they post. Participant 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.
Participants are strictly forbidden from the following:
– Harassing, fighting with, or being disrespectful to Company or Company’s Program Participants
– 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
– Causing damage to any Company website or third-party forums operated by Company
– Using any Company website or third-party forums operated by Company for any unlawful, illegal, fraudulent or harmful purpose or activity
– Using any Company website or third-party forums operated by 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 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 Company
– Taking pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or Participants without receiving their advance permission
– Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other Participants, with the public or with anyone who is not a Participant on or in any Company website, private membership or third-party forums operated by Company.
If, in the Company’s sole discretion, Participant’s conduct violates these T&C in any way, Participant agrees that the Company may immediately and permanently terminate their participation in and access to the Program without refund.
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.
CONFIDENTIALITY: All of the information (documented or verbal) is for the sole purpose of the Company-Participant relationship. The Company agrees not to disclose any information identifying the Participant by name or identifiable description without the Participant’s consent. While Participant information is kept in the strictest professional confidentiality, confidential communication between Company and Participant is not legally protected, as coaches are neither health care professionals nor legal professionals.
Confidential information does not include information that:
– was in the Company’s possession prior to Participant’s participation in Program
– is generally known to the public or in Participant’s circle of friends, family, and co-workers
– Company may be required by law to disclose.
Moreover, these terms of confidentiality will be suspended in the following cases:
– Participant reports imminent suicidal or homicidal ideation
– Participant reports abuse or neglect of a child, dependent or older adult
– Company is subpoenaed by a court of law
Participant agrees to keep all information about other Participants and their businesses strictly confidential except when disclosure is required by law. Participant agrees that Company is not liable for the disclosure of their information by another Participant as a result of their mutual participation in the Program.
The Company may at some point apply for a coaching credential that requires the disclosure of Participant names and contact information as evidence of coaching experience. By agreeing to these T&C, Participant are gives Company permission to provide this information to an accrediting body, solely for the purpose stated. In this case, it’s possible Participant will be contacted by the credentialing body for verification of the Company-Participant relationship. Even in this case, Participant information is also held in the strictest confidence by the accrediting body, and Participant will not be required to reveal anything Participant does not wish regarding the content of the Company-Participant relationship.
PAYMENT: Participant agrees to fees and payment schedule selected at checkout. Under these T&C, if paying by debit card or credit card, Participant gives Company permission to automatically charge Participant’s credit or debit card for all fees and charges due and payable to Company, without any additional authorization, for which Participant will receive an electronic receipt. Participant also agrees that 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 Participant’s access to the Program immediately and permanently.
REFUNDS & TERMINATION OF AGREEMENT: Coaching is, by design, a confrontational process. At times, Participant may feel they are unable or unwilling to move forward in a project as fear or discomfort arises. Company understands this is a normal part of the process and is committed that the Participant deliver results on stated projects and is not stopped by fears or discomfort. To that end, Company does not offer refunds for any monies paid unless Participant has a right of withdrawal under the relevant laws of their country. Monies paid are also not transferable without the prior written consent of the Company.
Since Company has an explicit refund policy in these T&C that Participant has agreed to prior to completing the purchase of Program, chargeback threats or actual chargebacks from Participant’s credit card company are not tolerated. In the event that a chargeback is placed on a purchase or Company receives a chargeback threat during or after Participant’s purchase, Company reserves the right to report the incident to any or 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 Participant’s credit report score. The information reported can include but is not limited to information such as Participant’s name, email address, order date, and order amount. Chargeback abusers wishing to be removed from the database and shall make the payment for the amount of the chargeback.
MATERIALS OWNERSHIP AND PROTECTION: Over the course of the Program, the Company may share information, materials, forms, handouts, etc. with Participant in service of the Participant’s goals. Notwithstanding any provision to the contrary contained in these T&C, it is understood and agreed that the Materials and all intellectual property rights associated therewith are, and will remain, the sole and exclusive property of the Company and that no license, right, title, interest in and/or to such Materials is granted to Participant by virtue of the Program provided. This includes 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, any third-party website Company may use to distribute or host, contained in e-mails sent to Participant by Company, as well as the look and feel of all of the foregoing is property of Company and/or its affiliates or licensors, unless otherwise noted.
The Company will retain all right, title and interest to any modifications made to the Materials, derivative works derived from the Materials, and/or incorporating the Materials, if any. Participant agrees that they will not copy, modify, adapt, translate, rent, lease, sublicense, loan, resell for profit, distribute, time-share, or create any derivative works of the Materials nor allow or sell access to the Materials, or use the Materials for the benefit of, any distributor, reseller, sub licensor, aggregator, or remarketer of any kind, including any other coaches or course providers. Participant may not offer to a third party any sample of the Materials, including media.
All rights not expressly granted in these T&C or any express written license, are reserved by Company.
USE OF MATERIALS: Participant has the right to inspect, review, or approve any photograph, recording, or other written material that identifies Participant such as use of name, photograph, or voice, in whole or in part, prior to use by Company for public relations, education, advertising, training, research, or marketing. Upon approval, Company has Participant consent to use such material in publication or reproduction without restriction to medium, time, or geographic boundary. Participant hereby waives all rights they may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Company for any product and/or service in connection with such use and publication. Participant understands that Company owns all rights in and to any such derived photograph, recording or testimonial, including any copyright and/or trademark relating to such use.
INDEMNIFICATION; LIMITED LIABILITY: Except as expressly provided in these T&C, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the services negotiated, agreed upon and rendered in the Program. In no event shall the Company be liable to the Participant for any indirect, consequential or special damages. Notwithstanding any damages that the Participant may incur, the Company’s entire liability under these T&C, and the Participant’s exclusive remedy, shall be limited to the amount actually paid by the Participant to the Company under these T&C for all services rendered through and including the termination date.
Participant agrees 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 without limitation to attorney’s fees) arising from or in connection with: (i) Participant use of the Program or Program Content in violation of these T&C, (ii) any breach by Participant of these T&C or any representation and warranty made by Participant herein, (iii) any comment, post, or material Participant submits to the Company’s website or any third-party forum or website operated by the Company, (iv) Participant use of Program or Program 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 Participant of applicable law or any agreement or terms with a third party to which Participant is subject.
Earnings and Results Disclaimer
Participant agrees that the Company has not made and does not make any representations about the earnings or results may receive as a result of participation in the Program. The Company cannot and does not guarantee that Participant will achieve any particular result or earnings from use of the Program, and Participant understand that results and earnings differ for each individual.
The Company shall not be deemed in breach of this T&C if the Company is unable to complete or provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, technical or electrical difficulties, epidemic, pandemic, death, illness or incapacity of the Company or any of its members, employees, contractors, or agents, 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 Participant of its inability to perform or of delay in completing or providing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this T&C.
DISPUTE RESOLUTION: The Company and Participant shall attempt in good faith to resolve promptly any dispute arising out of or relating to these T&C. If the Company and Participant are not able to resolve the dispute, then either Party may bring an action arising out of or relating to these T&C exclusively in a court of competent jurisdiction in Kings County, New York. By execution and delivery of these T&C and such other documents executed in connection herewith, each Party hereby accepts the exclusive jurisdiction and venue of the aforesaid courts. Company and Participant waive any defense of inconvenient forum to the maintenance of any action or proceeding in the County of Kings, State of New York. This contract is to be governed under the law of the State of New York in the United States of America.
SEVERABILITY; WAIVER: If any provision of these T&C shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of these T&C is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. No waiver of any of the provisions of this T&C shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. The failure of either party to enforce any provision of these T&C shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these T&C.
This document reflects the entire T&C between the Company and the Participant, and reflects a complete understanding of the parties with respect to the subject matter. These T&C supersedes all prior written and oral representations.
The Company may change, modify, or update these T&C at any time. Any access or use of the Program or Program Content by Participant after the Company posts or distributes such changes shall constitute consent of such modifications.
If you have any questions, concerns, or problems related to these T&C, please contact firstname.lastname@example.org.
DATE: July 27, 2023