Terms and Conditions | Disclaimer and Waiver | Privacy | Payment
WEBSITE AGREEMENT LAST REVIEWED: August 13, 2020
We value your time and your rights, and it is our goal in creating this AGREEMENT, that you can have all the information presented in one document. Following, we give section titles so you can jump around in this document, but by agreeing to it, you are agreeing to all that is contained in this document in its entirety.
- TERMS AND CONDITIONS
- DISCLAIMER AND WAIVER
- PAYMENTS AND RECURRING PAYMENTS
- WEBSITE AGREEMENT
PLEASE NOTE THE FOLLOWING TITLES USED AND THEIR MEANING:
The Intentional Gap Year Program (“Workshop”)
Life Coach | Intentional Gap Year Guide® (“Guide”)
User | Workshop Participant (“Gapper”)
Sales Representative for Workshops (“Team Guide”)
Sales Department (“Brand Ambassador/Solution Partner”)
Marketing Team and Administration (“TIGY-Team”)
Partners and Organizations (“Group Leaders”)
IntentionalGapYear.org, company sub-domains including the membership site (“Website”)
BY YOUR PARTICIPATION AS A GAPPER, ON OUR SITE AND ANY SUB-DOMAINS OF INTENTIONALGAPYEAR.ORG, A PRODUCT AND PERSONAL GROWTH PLATFORM CREATED BY INTENTIONAL GAP YEAR, INC (“Company”), YOU AGREE TO CONSENT TO THE FOLLOWING WEBSITE AGREEMENTS THAT GOVERN YOUR USE AND PARTICIPATION OF IT, AS FOLLOWS:
TERMS AND CONDITIONS
USE OF INTENTIONALGAPYEAR.ORG AND SUB-DOMAINS INCLUDING WORKSHOP AND MEMBER SITES
To access certain features of the Website, you may need a private link, username, and password. You agree to keep this information confidential and not share it with anyone else. If Company has reasonable grounds to suspect that you have shared your link, username and/or password with anyone else, or forwarded course material to any other person, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website and online courses, in whole or part, without refund.
The Website includes materials protected by copyright, trademark, and other intellectual property laws. Such materials include but are not limited to written text, workbooks, videos, audio recordings, photos, designs, and graphics. Any reproduction or unauthorized use shall constitute infringement. Duplicating, sharing or uploading Workshop files to sharing sites, without permission of the Company in writing, is PROHIBITED. Copyright © 2018 Registration Number TX 8-784-925. All rights reserved. No parts of The Intentional Gap Year or related workshops, such as 5-Day Path Way, or writings generated from the principles in the order described within this website or writings on The Gap Year Girls membership site may be used in whole or part and are protected by law. Please firstname.lastname@example.org for use permission by email.
Use of this site creates a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute Your User Content, including images uploaded by you on properties and accounts owned and used by the Company for the purposes of operating and providing the Service(s) to you and to our other Users.
The content generated for Company Websites fully complies with the Digital Millennium Copyright Act of 1998 and other applicable laws. Terms of the DMCA may be accessed through the U.S Copyright Office’s website.
The Company will respond immediately to any copyright owner or those authorized by one, of any claims of infringement done on our part.
If at all you find any content published on the Website which you believe infringes on your rights, please feel free to write to us:email@example.com. As you do, please provide the necessary information, including the published work which you claim has been infringed and the URL of the link where the original copyrighted work has been published. In your letter, kindly include this notice: “I, hereby, certify that the information I have provided is valid and that the use of the copyrighted material in your site is not authorized by the copyright owner.”
You are strictly forbidden from the following:
- Causing damage to the Website
- Using the Website for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using the Website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using the Website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from the Website
- Sharing private, copyrighted and proprietary information from the Website, including any submissions or conversations with other members, with anyone else or otherwise sharing your username and/or password
- Posting copyright, trademark and proprietary artwork or information on the Website that you do not have the full rights to. This includes any images that you use for educational purposes that might be seen publically or shared on our Websites.
We strive to have the Website available to you 24 hours a day, 7 days a week but you know how the internet works: occasionally you might not be able to access the Website, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how the Webiste works, including the kinds of items available on our site. We will not be liable to you for any loss you suffer as a result of these things.
DISCLAIMER AND WAIVER
All services, including coaching, Workshop, written content, and communications via email or otherwise, are meant to help you identify the areas in your life and in your thinking that may be standing in your way, defined by your own goals. You will be assigned an Intentional Gap Year Guide®, a certified life coach (“Guide”) for this process of self-discovery if you are taking The Intentional Gap Year Workshop. For the 5-Day Path Way Workshop, a Team Guide will be assigned. Our Team Guides are required to participate in our Workshops personally and will have our Guides for help as authorities of their profession, but may not be certified life coaches. However, life coaching is not professional mental health care or medical care. If you feel psychologically stressed to the point that it is interfering with your ability to function, please have the courage to seek the help you need in the form of a professional counselor. Coaching may augment your therapy, but exploring and using coaching is meant to be done when major emotional and psychological wounds are already healing or healed.
In that spirit, by purchasing coaching services from the Company, you confirm that you have read and agreed to each statement and that you wish to proceed:
- I understand that the coaching services I will be receiving from the Company are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that my Guide or assigned Team Guide is not acting as a mental health counselor or a medical professional.
- I understand that coaching is, at present, an unregulated industry and that any internationally recognized regulator does not license my Guide. I also understand that for all legal purposes, the services provided by my Guide will be considered to be provided from any remote location worldwide or otherwise in the United States.
- I understand and agree that I am fully responsible for my well-being during my participation in this Workshop(s) and the personal coaching sessions with my Guide or Team Guide, and subsequently, including my choices and decisions.
- I understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment, and I will not use it in place of any form of therapy.
- I understand that all comments and ideas offered by my Guide or Team Guide are solely to aid me in achieving my defined goals. I can give my informed consent, and hereby give such consent to my Guide to assist me in achieving such goals and aims.
- I understand that to the extent our work together involves education, career or business, my Guide is not promising outcomes included but not limited to my increased profitability and or education or business success, as a Gap Year Girl participant.
Personal Information Collection and Use
Company may collect information from you when you purchase any of our products or workshops, fill out any type of form, access private membership pages, or otherwise contact the Gap Year Girl via an online form generated on the Website. The information collected may include your name, email, address, phone number, and billing information.
Company collects such information to send emails, fulfill orders, deliver services and products, complete customer transactions, oversee promotions, and improve website performance and customer service.
Company also uses Gap Year Girl testimonials and user images. If you want to opt-out of this disclosure, please send us an email at firstname.lastname@example.org to inform us of this.
By Agreement with the Company, you will be subscribed to Company’s email list if you are not already a subscriber. If you wish to unsubscribe from receiving emails from Company unrelated to the Website, you may do so at any time. Each email from Company includes a link to unsubscribe from email communications. Company respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties for marketing or advertising. Company may, however, share your information with third-party service providers working on the Company’s behalf to serve you. Examples include companies and individuals we have engaged to maintain and update websites, private membership sites or email platforms or to process financial transactions. Company may also be required by law to release information in certain circumstances.
Workshops are targeted and intended for persons over the age of 18. Company does not knowingly collect information from anyone under 13 years of age.
Company may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze Website and advertisement performance, track user patterns, save information from your previous visits and customize your experience.
CONFIDENTIALITY AGREEMENT BETWEEN BOTH PARTIES
- I understand that my Guide and Team Guide will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse, or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement limited in this capacity. Furthermore, if my Guide, Group Leader or Team Guide is ordered by a court to provide information or to testify, they will do so to the extent that the law requires.
- I understand that the use of technology is not always secure, and I accept the risks of confidentiality in the use of email, text, phone, Zoom, Skype, and other technology.
- I understand that at times, I might provide writings, images, videos with the consent that it may be used for public and promotional purposes by the Company and that this information will remain the property of the Company regardless of my status as a Gapper or licensee of this site.
- I understand that as a community, I may participate, read, or share information with other Intentional Gap Year members and that I agree to keep all information confidential and can expect the same of all other members.
PAYMENTS AND RECURRING PAYMENTS
You are responsible for payments and authorize “The Gap Year Girls, INC”, to pull funds from your payment method on record through the duration of your membership with us. You promise to pay with current payment methods.
COMPANY DOES NOT STORE PAYMENT INFORMATION ON OUR WEBSITES, and during the time of purchase you may be asked if you wish to keep payment information on file. Any stored information is held on third-party databases, such as Stripe or PayPal, and not on IntentionalGapYear.org or sub-domains owned by Company.
For THE INTENTIONAL GAP YEAR PAYMENT PLAN you promise to pay for the whole course, including administration fees as listed on the site. Notwithstanding our 100% guarantee of the full refund up until the end of the 1st lesson, any default on your payments will result in the disabling of your account and possible loss of any payments made. If you default after taking the full course, but with remaining payments, you will be responsible for providing an additional payment method. You will be billed for the total remaining amount and any additional administration fees. After this, you will gain access back to your account. You authorize “The Gap Year Girls, INC”, to request payments from your payment institution as long as your account is due.
GUARANTEE AND REFUND
You are entitled to a full refund, no questions asked, if after your first meeting with your Guide, you cease taking the workshop and write to us to ask for your full refund. Write to us at email@example.com
Your account and work will be deleted upon refund
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE INFORMATION, PRODUCTS AND SERVICES OFFERED IN THE WORKSHOP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GUIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GUIDE DOES NOT WARRANT THAT THE WORKSHOP WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE Guide, TEAM GUIDE OR ANY MEMBER OF THE – AND INCLUDING – COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USE, OR PURCHASE OF THE WORKSHOP. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WORKSHOP. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE WORKSHOP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE GUIDE’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
All disputes arising from or related to this Agreement must be submitted for binding Arbitration before a single arbitrator under the rules of the American Arbitration Association as in effect at such time. The location for such Arbitration will be Austin, Texas. The Company and User agree that either party may, within seven days after the filing of a Demand for Arbitration, demand that the parties’ dispute first be submitted to a neutral evaluator according to the American Arbitration Association’s Early Neutral Evaluation Procedures before proceeding with Arbitration. Any resulting arbitration award may be enforced in any court having valid jurisdiction, wherever located. In addition, the Company and Gap Year Girl hereby irrevocably submit to the jurisdiction of the state and federal courts located in Texas for the enforcement of any such arbitration award and agree that decisions made through Arbitration are final.
All correspondences will be addressed to firstname.lastname@example.org
This Agreement shall be governed by and construed in accordance with the laws of the United States, without giving effect to its conflict of laws.
CONSTRUCTION OF AGREEMENT
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter. It supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of the Agreement shall not be construed against the drafting party.
IN AGREEMENT THEREFORE:
I hereby release, waive, acquit and forever discharge my Guide, the Company, any agents, group leaders, partners or organizations, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Guide or Team Guide as a result of the advice given by them inside and outside of the Website, or otherwise resulting from the coaching relationship contemplated by this Agreement. I further declare and represent that no promise, inducement, or agreement not expressed in this Agreement has been made to me to agree to by electronic submission in this Agreement. This Agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.