Terms of Service Agreement
As a viewer of this website or consumer of any listed service, You agree to these Terms.
Effective Date: This Terms of Service Agreement was last updated on March 9, 2019.
By using the Company's website or services you (the “Client”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website and the Coaching services provided by the Company.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on this website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Definitions of Terminology used in this agreement.
Coach, Open Life Coach - Any individual or organization appointed by Company to function as an Open Life Coach.
Session / Appointment - The scheduled time in which the Client and Coach are communicating through any means, including but not limited to: Phone, Email, Instant messaging, Text and Video calls. The term session and appointment can be used interchangeably.
Fee - The amount paid by the Client, to hold/reserve a scheduled appointment with Company. The term fee also describes the amount paid by you, to purchase products from Company.
Products - Any object, service, or digital item, including but not limited to, Video, Image, Audio, Text or any other digital format, that is sold or offered by any Company appointed representative.
Fulfilled - A session is considered fulfilled, when the appointment has reached the scheduled duration. (30) minutes (45) minutes (60) minutes, (90) minutes, (2) hours.
Open Life Coach and Client Relationship - Open Life Coaching is a relationship service designed to facilitate the creation and development of personal goals. If for any reason the Client does not feel that the goals are being met, they will make this concern apparent to the Company.
Confidential Information - All information that you share with your Open Life Advice Coach is confidential. To the extent allowed by the law, Company will not sell or give away any personally identifiable Client information. If any information is to be used by Company in publicly view-able means, all information that could personally identify the Client will be omitted or changed, unless otherwise authorized by client in writing.. If the Client sends Company a review or success story, all personally identifiable information will be changed or omitted before being posted, again unless otherwise authorized by client in writing..
Your Coach will keep notes on your Coaching sessions to ensure that you are provided with a structured and effective Coaching service. These Coaching notes are accessible only to your Coach. We will not disclose personal information we collect from you to third parties without your permission except to the extent necessary:
To fulfill your requests for service or support.
To protect ourselves from liability.
To respond to legal process or comply with law.
Description of Service
Company is providing Client with suggestions on general life advice as independent contractors. The opinions, advice, and coaching provided by the Company are not to be used as a substitute for medical attention, diagnosis, or treatment, or for other professional mental health or medical services. Company will not be held liable for the use that anyone might make of the information or advice given.
Responsibility and Accountability
While Company will always exercise every available resource to help the Client meet their life goals, the Client may not achieve these goals during or after their Open Life Advice Coaching. The Client takes full responsibility for any and all actions resulting from Open Life Advice Coaching, and will not hold Company liable for the Client's failure to achieve his/her personal, professional, spiritual, or any other form of life goals. The Client understands that Open Life Coaching is not to be used in lieu of professional advice. The Client will seek professional guidance for legal, medical, financial, business, mental health, and other matters with the appropriate/credentialed provider. All decisions in these areas are exclusively the responsibility of the Client. Client accepts full/ sole responsibility and accountability for the actions they take or don’t take, results achieved and any consequences that follow. Company does not make any guarantee or warranty as to results that may be achieved or as to the consequences of any actions taken or not taken by the Client.
Scheduling an appointment is a commitment that both Coaches and Clients honor. Appointments can be cancelled or rescheduled if 24 hours notice is provided. If sessions are cancelled or rescheduled with less than the required notice, or if a client misses a session, the client agrees to pay for that session in full.
Late or Absent for Appointment
If Client is late for an appointment, the remaining time of the appointment will be fulfilled. No additional time will be given to the Client. If Client does not call or initiate the appointment, no refunds will be given. It is the sole responsibility of the Client to contact Company's Coaches for their appointment. Company is not responsible for late or missed appointments.
Dropped Call or Acts of God
If in the event a phone call is terminated unexpectedly, without the Client or Coach intentionally ending the session, it is the responsibility of the Client to recall the Company's Coach. No refunds will be given for the time missed.
If in the event any unforeseen circumstance stops Company's Coach from being able to attend a scheduled appointment, the appointment will be rescheduled at no additional fee to the Client. If Company experiences unforeseen circumstances that terminate the appointment prior to scheduled time being fulfilled, a full appointment will be rescheduled at no additional fee to the Client.
All sales are final. Charges on your credit card statement from Company will appear as "Poly Ventures LLC". All Fees will be paid in advance by the Client receiving the product or service. Company holds the right to deny refunds under any circumstances not described in this agreement.
Company retains the right to change fees and prices at any time without notice. If the Client has appointments that were scheduled prior to the fee change, the Client will pay the original fee amount.
Text And Email Coaching
Actual response times will vary, Company's Coaches are not obligated to respond to any text or email. Company does not offer refunds for any Text or Email Coaching services. Message and data rates may apply, Company is not obligated to pay any fees or other accruances generated by participating in any of the Company Services.
Participating in Text and Email Coaching:
Participating in Text or Email Coaching does not reserve any appointments. Text or Email Coaching does not include any over-the-phone sessions. Text or Email Coaching is limited to only Text and Email Communication. There is no limit on the number of Texts or Email messages that can be sent within any time period. Using Text or Email Coaching services to spam or send unsolicited, repetitious or irrelevant to the scope of life coaching messages will be grounds for immediate termination of service and blocking of further messages.
Disclaimer of Warranties
The site is provided by Company on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Company shall have no liability for any interruptions in the use of this Website. Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Limitation of Liability
COMPANY SHALL NOT be liable for any damages whatsoever, and in particular Company shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Company has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Client agrees to indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Client’s use of the Service, the violation of this Agreement, or infringement by Client, or other user of the Service using Client’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Client acknowledges and accepts that Company does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Governing Jurisdiction of the Courts of Texas
Compliance with Laws
Client assumes all knowledge of applicable law and is responsible for compliance with any such laws. Client may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2014 Company, with all rights reserved, or is the property of Company and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company is strictly prohibited. Clients agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Company.
Open Life Advice™ and O.P.E.N. Living™ is a proprietary mark of Company. Company’s trademarks may not be used in connection with any product or service that is not provided by Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company.
All other trademarks displayed on Company’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Company.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Company.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Poly Ventures LLC.
P.O. Box 0231
Belmont, NH 03220