The following terms and conditions (“Terms”) constitute an agreement between you (“Participant,” “you,” or “your”) and Breakup Coach Dorothy LLC (“Company”). These Terms apply to all programs and products administered by the Company on the Company’s Website (“Site”).
Your use of the Site and purchase of any Productsconstitutes your acceptance of, and agreement to, the following Terms. Company reserves the right to modify, alter, amend or update these Terms and the Products. These Terms are subject to change without notice.
On the Company website, you can purchase products (“Product(s)”), which include: ● Digital self-guided products, such as the 5-day Breakup Bootcamp (“Bootcamp”); or
- The group coaching program Get Over Your Ex in 3 Months or Less (the “Program).
Different terms may apply to different Products. If there is no specific reference to a particular product, the section of the Terms will apply to all Products.
All Products are intended and suitable for individuals age 18 and over. All Products will be stored in the portal, which is hosted through Kajabi (the “Portal”).
To access a Product, you must create an account on the Portal. You are responsible for ensuring that your login information remains private. If Company suspects that your login credentials have been shared with a third party, Company reserves the right to revoke your access to the Products and/or Portal.
If you elect to re-enroll in the Program at any time, you will maintain the same account in the Portal.
Your password is for your personal use only, unless otherwise specified, and you are responsible for securing it. You must enter the correct delivery email address when you order the Program to receive your password to access the Portal. If you enter the wrong email address, we are not obliged to resend the order to another email address. It is your
responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Portal. We are not responsible if delivery of the Product content cannot be made due to your computer’s inability to accept the Program content via digital download. You agree that a delay in delivery shall not constitute a breach of these Terms, and does not entitle you to cancel the Program.
You warrant that any information you submit to the Company when using the Program is owned by you and that you have the necessary authority to submit such information, including your payment information and email address.
BOOTCAMP PURCHASE POLICIES
All Bootcamp purchases must be paid in full and are non-refundable. The Bootcamp materials will be available in the Portal immediately upon purchase. You will receive lifetime access to the Bootcamp, which means as long as the Bootcamp is offered on the Portal.
PROGRAM PURCHASE POLICIES
Upon receipt of payment for the Program, Breakup Coach Dorothy LLC will provide access to the Program:
The Program includes written materials and digital group coaching by Breakup Coach Dorothy LLC and/or other representatives of the Company (collectively, “Coach”). During your Program, you will receive access to:
- All Course modules, Program materials, including videos, worksheets, and homework assignments;
- Access to the Braveheart Community; and
- Access to Group Coaching Calls.
PROGRAM FEE AND PAYMENT TERMS
The Program Fee is USD $3,000 paid in full or 3 monthly payments of $1,050 for a total of $3,150. If you elect to pay the Program Fee through a payment plan, the following terms will apply:
- You will not receive access to the Portal and the Pre-Work until initial payment is received.
- You authorize Company to make each monthly payment on the authorized payment method, which you will enter into the Payment Portal.
- If your payment method changes during the Program, it is your responsibility to update the billing information in the Portal.
- The Company may email you instructions or a receipt for the payment of your Program Fee.
PROGRAM PAYMENT TERMS
Your access to the Program will begin upon payment acceptance. If you fail to make a payment due as part of the Program Fee, you will pay all costs of collection. Company reserves the right to pursue any other right or remedy provided by law. In the event that a payment is not received, your access to the Portal and the Program will be suspended until the payment is received. Your access to the Portal will not be extended past the initial term as a result of any suspension that may result from a late payment.
All sales are final. There are no refunds. Additionally, all payments under the Program Fee will remain due, regardless of your participation in the Program.
YOUR PARTICIPATION IN THE PROGRAM
The Program includes some services, in addition to written and video content, to be provided by Company to you, which include in the Group Coaching Calls. Coaching, which is not advice, therapy or counseling, may address specific personal projects, business successes, or general conditions in the client's life or profession.
You also represent and warrant that you can safely participate in the Program and have no physical or mental health condition that would make your participation in the Program unsafe. You acknowledge that you have had a physical examination and received a physician’s permission to participate, or that you have decided to participate in the Program without the approval of a physician. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
CANCELLATION POLICY FOR THE PROGRAM
These Terms become effective the date that you enroll in the Programand continue until the conclusion of the 3-month Program in which you have enrolled, unless earlier terminated. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these Terms. Some of your obligations under these Terms will remain in effect after it expires, including payments of all payments due under any payment plans.
At the conclusion of the Program, you will no longer have access to the Program content. You may download a copy of The Breakup Bible prior to the end of the Program, which may be used in accordance with the licenses granted herein.
No refunds will be granted. No partial refunds will be given should you choose to leave the Program early.
The sole intention of the Company, through the Productsand Site, is to provide educational materials and coaching on the topic of breakups, divorce, emotional maturity, confidence, breaking old life patterns, and envisioning your future. The statements and strategies offered in the Program are based on the opinions, experiences, and coaching strategies of the Company.
Your level of success in attaining results is dependent upon a number of factors beyond the Company’s control, including your level of personal development, knowledge, ability, dedication to the process, personality, and mindset. The Company makes no guarantees whatsoever that you will achieve any results, from the methods or coaching practices contained in the Products.
You further understand and agree that you are fully responsible for your well-being throughout the Program. You understand that the Program materials, Coach’s comments and ideas are to be construed as suggestions and information only, and that you ultimately have full responsibility for making informed decisions and giving your informed consent. You agree that you will not attempt to hold the Company liable for any results, or lack of results, that you experience from using any Company Products.
Company Products areoffered for information purposes only and no portion of the Products is intended to substitute for professional advice, including but not limited to medical, psychiatric, psychological, or behavioral advice and/or treatment, and you may not rely on the Productsto provide such advice or treatment.
If you require medical, psychiatric, and/or psychological care, you should retain the services of a licensed medical professional acting in his or her capacity as such.
The Productsmay include views or recommendations of third parties, which do not necessarily reflect the views of the Company or indicate its commitment to a particular course of action.
Testimonials published by us are independent and genuine, but they do not represent a guarantee or warranty of similar results.
RESPONSIBILITIES OF THE PARTIES
If you enroll in the Program, which contains a group coaching component, you agree to the following:
The relationship between the Company, as your coach,and you is co-creative, meaning we are equal partners in the coaching process.
- Companyis trained to use her communication skills and coaching tools to support you as an equal partner throughout the coaching process.
- Companywill provide individual guidance to group participants based on information provided to her in Group Coaching Calls.
- Companywill answer questions during Group Coaching Calls.
- You agree to watch and/or listen to all video content provided in the Portaland will complete all worksheets assigned during the Program.
- You will ask any questions you may have during Group Coaching Calls. ● You understand that all coaching is provided in a public, group environment through the Group Coaching Calls. Individual coaching is not included in the Program. ● You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
During Group Coaching Calls, Company will engage in direct and personal conversations. You can count on the Companyto be honest and straightforward in asking questions and making requests. You understand that the power of the coaching relationship can be granted only by you, and you agree to do just that: have the coaching relationship be powerful. If you believe the coaching is not working as desired, you agree to communicate that belief and take action to return the power to the coaching relationship.
GROUP COACHING CALLS
As part of the Program, you will receive access to coaching calls with other participants in the Program (“Group Coaching Calls”). You may submit questions during the Group Coaching Calls in order to receive coaching from Company. If you would like to remain anonymous, you may submit an anonymous question through the Question & Answer feature in Zoom.
All Group Coaching Calls are recorded and stored in the Portal for the use of current and future Program participants. Company will not remove any recorded Group Coaching Call from the Portal, so it is your responsibility to ensure that you have only contributed content that you are comfortable with sharing.
As part of the Program, you will receive access to a community, hosted on the Portal, with other participants in the Program (“Braveheart Community”). You may submit questions through the Braveheart Community, which may be answered by other members of the Braveheart Community. You may also interact with other members of the Braveheart Community. All questions for Company should be addressed in the Group Coaching Calls.
Any contribution you make to the Braveheart Community will remain in the Portal, even after your account is no longer active. It is your responsibility to delete any contributions to the Braveheart Community prior to the conclusion of the Program if you do not want them to remain visible. Company is not responsible for removing your posts after your access to the Portal is terminated.
YOUR GROUP PARTICIPATION
At all times, whether it is in the Group Coaching Calls or Braveheart Community, you are expected to act with respect toward all other Program participants and Company team members.
During Group Coaching Calls, it is expected that all Program participants will treat one another with respect. Company is creating a safe space for all Program participants and questions that may deal with any type of hate speech or attacks on personal identity will not be tolerated.
The following types of contributions will be deleted from the Braveheart Community.
- Harassment directed toward Company or other Program participants; ● Spam;
- Hate speech;
- Attacks on personal identity;
- Defamatory statements regarding the Company or any third party;
- References to illegal acts; or,
- Contributions that may violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a Program participant is in violation of these policies. Any Program participant in violation will be removed from the Braveheart Community or denied access to the Group Coaching Calls. No refund will be due to a Program Participant who has been removed for a violation of this policy.
All information shared in the Group Coaching Calls, Portal, or Braveheart Community is deemed confidential. You are prohibited from sharing screenshots or other Program content with third parties. If an individual has to be logged into the Portal to access the information, then it is deemed confidential.
You will not hold Company liable in the event that information you have shared within the Program becomes public.
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Portal, within the Products, or any third-party website the Company may use to distribute or host the Products, and contained in e-mails sent to you by the Company (collectively, 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.
INTELLECTUAL PROPERTY RIGHTS
The Company’s Limited License to You
If you access the Portal or any of the Products or 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 Portal and Content for your own personal, non-business purposes only. You may not republish, reproduce, duplicate, copy, display, distribute to friends or family, or otherwise use any material from the Portal or Content for commercial purposes or in any way that earns you money. By downloading, printing, or otherwise using the Portal or Content for personal use you in no way assume any ownership rights of the Content – it is still the Company’s property. Any reproduction or unauthorized use of any materials found on the Portal or Content shall constitute infringement.
You must receive the Company’s written permission before using any of the Portal or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Portal 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 the Company.
Your use of any materials found in the Portal or Content other than that expressly authorized in this agreement or by a separate written license, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the amount you paid for the Products in the event of your Unauthorized Use, 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.
Request for Permission to Use Company Content
If you wish to use any of Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an email 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 agree 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 Portal and Content.
Your License to the Company
By posting or submitting any material on or through the Portal such as comments, posts, photos, 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 18 years old.
The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, 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, 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 Portal 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 Portal or in our Content at any time for any reason.
Please choose carefully the materials that you upload to, submit, or embed on the Portal and any third-party forums operated by the Company. Any material you post on the Portal or in any third-party forums operated by the Company becomes accessible to any member of the Program. While Company requests confidentiality, Company cannot control the actions of third parties. At all times, you are responsible for your material and for any liability that may result from the material you post. 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 Portal 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 Site 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 Site and any third-party forums operated by the Company.
You are strictly forbidden from the following:
- Causing damage to the Site
- Using the Site for any unlawful, illegal, fraudulent or harmful purpose or activity ● Using the Site to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software ● Using the Site to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from the Site
- Sharing private and proprietary information from other participants with anyone else
If, in the Company’s sole discretion, your conduct in the Program violates these Terms in any way, you agree that the Company may immediately and permanently terminate your participation in the Program, and your access to the Portal and Content, without refund.
The Products and Site are provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Productsor Content, or the information and materials provided therein.
Company makes no warranty the Productswill meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Products. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Program. The Products and Materials are written in English and Company makes no warranty regarding translation or interpretation of content in any language.
COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM AND CONTENT, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THESE TERMS, YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due.
- The insolvency or bankruptcy of either party
- The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by and creditor or governmental agency.
- The failure to make available or deliver the Services in the time and manner provided for in the Contract.
REMEDIES TO DEFAULT
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of these Terms.
The parties will attempt to resolve any dispute out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Contract will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgement may be entered upon it by any court having proper jurisdiction.
You agree, acknowledge, and accept that Company is ownedCertified Coach but not a doctor, nutritionist, dietitian, therapist, psychologist, or psychiatrist. Services provided by Breakup Coach Dorothy LLC are designed to provide helpful information on the topics discussed. Discussions about health issues and medical problems may occur within coaching sessions. The information and services are not meant to be used to diagnose or treat any medical condition or disease. It is not intended to replace the services of trained health professionals or be a substitute for medical advice. If you have any questions about a medical problem, mental or physical health, or matters that may require diagnosis, please refer to your primary-care physician, a medical consultant or the appropriate health professional. Breakup Coach Dorothy LLC will not be held responsible for medical decisions you make as a
result of reading information on dorothyabjohnson.com and lifecoachdorothy.com and/or advice given during coaching sessions. Please contact your physician before undertaking any of the recommendations made by Breakup Coach Dorothy LLC. Breakup Coach Dorothy LLC assumes no responsibility for any outcome of the use of their provided information and services in self-treatment or under the care of a licensed practitioner. You expressly disclaim responsibility to any person or entity for any liability, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of the Products, Content, or material on dorothyabjohnson.com or lifecoachdorothy.com.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision if would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Contract shall be construed in accordance with the laws of the State of Massachusetts. WAIVER
The failure of either party to enforce any provision of this Contract 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 this Contract.
In any action arising hereunder or any separate action pertaining to the validity of this Contract, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
By purchasing access to the Products, you acknowledge that you have read and agree to these terms.
Updated: November 2021