Fearless Method Motivational Coaching LLC Terms and Conditions of Sale
This Agreement sets forth the legally binding terms for your membership purchase of Fearless Method Motivational Coaching, LLC products and/or services, including use of the Fearless Method Motivational Coaching, LLC website(s) and membership (collectively, “the Services”). This is a legally binding agreement between you and Fearless Method Motivational Coaching, LLC. By signing, clicking the “accept” button, or by using the Services, you agree to be bound by this agreement. Please read this agreement carefully and save it. If you do not agree with it, you should leave the Fearless Method Motivational Coaching, LLC website and discontinue use of the Services immediately.
The Services. The Services target specific brain functions involved with memory, concentration, motivation, emotional regulation, optimal performance, focus and decision-making to develop the right subconscious beliefs and habit patterns that are essential to reach your maximum potential. Your membership may include different components, including audio tracks, CDs, DVDs, manuals, self-study programs, webinars, coaching, masterminding, live events, workshops, and/or other products and services, as indicated on your order form. Each member will use a unique username and password and should only be used by one individual. You agree not to share login information, call-in numbers, passwords, and protected links with non-members.
Payment. Memberships may be purchased for varying time periods and will be indicated on your order form. Actual payment terms may vary. At the expiration of your membership, you may continue for additional fees. You agree to pay the amount agreed and not to cancel this transaction with your bank or credit card company. Fearless Method Motivational Coaching, LLC is not responsible for any overdraft charges, over limit charges, or NSF fees by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your order form. Missed payments may result in suspension or termination of Services. If after 30 days from a missed payment you have not made arrangements with Fearless Method Motivational Coaching, LLC to make up the payment, your membership will be canceled, and no fees will be refunded. Fearless Method Motivational Coaching, LLC does not guarantee any specific results from use of the Services. Fearless Method Motivational Coaching, LLC makes no representations or warranties as to specific outcomes or results. Unfortunately, Fearless Method Motivational Coaching, LLC cannot guarantee that you will become or remain happy, rich, healthy, or successful.
If you purchase from Fearless Method Motivational Coaching, LLC, you agree to pay us the applicable fees, regardless of payment options. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy. You will also be responsible for any additional charges due for late or failed payment.
If you purchase a membership or subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. To suspend or cancel your membership, contact our client care team at [email protected]
All of your purchases of Services are subject to Fearless Method Motivational Coaching, LLC refund policy.
At the end of your subscription commitment, and each renewal period thereafter, your membership/subscription package (including add-ons) will automatically continue for the same period of time at your membership/subscription rate, until you cancel. You may view the terms and conditions of your contract www.fearlessmethod.com/termsandconditionsofsaleTo cancel, contact our client care team at [email protected]
Online products or downloadable brain training programs (excluding membership and subscriptions): If you are not satisfied with your program, a refund may be issued within 30 days of the purchase date or program start date, whichever is the latter. If you do not receive your welcome instructions right away, please notify us so that we can make sure you get started well within the 30-day period. No refunds will be issued after 30 days from purchase or program start date, whichever is the latter.
Membership, Livestream, & Livestream Replays: No refunds will be issued for these purchases. If you experience bandwidth or streaming issues, replays of live events are always available within 2-3 weeks.
Event Ticket Purchases: If Fearless Method Motivational Coaching, LLC cancels a live, on-site event, Fearless Method Motivational Coaching, LLC will give participants the option of having their money refunded or applying their payment to future events. If the event is canceled due to events outside of Fearless Method Motivational Coaching, LLC control, the ticket purchase price may only be applied to either the rescheduled event or another future event.
Term. This Agreement will stay in force and effect until the end of the term indicated on your order form. Failure to pay required fees may result in Fearless Method Motivational Coaching, LLC terminating the Agreement prior to the end of the term and discontinuing your access to Fearless Method Motivational Coaching, LLC Services. Your use of the Fearless Method Motivational Coaching, LLC members’ website(s) or Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.
Medical Disclaimer. Fearless Method Motivational Coaching, LLC and its employees and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Services or any of the content contained in or provided on the Fearless Method Motivational Coaching, LLC websites. Use the content in the Services at your own risk.
Relationship. Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint ventures, co-owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
Modification. Fearless Method Motivational Coaching, LLC may modify this Agreement from time to time and such modification shall be effective upon posting on the Fearless Method Motivational Coaching, LLC Members Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Assignment. You may not, without the prior written consent of Fearless Method Motivational Coaching, LLC, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. Fearless Method Motivational Coaching, LLC rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by Fearless Method Motivational Coaching, LLC.
Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns and does not confer any rights or remedies on any other person or entity.
Governing Law. This Agreement shall be interpreted according to the laws of the State of California without regard to or application of choice-of-law rules or principles.
Waiver. No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches, and the waiver of any breach shall not act as a waiver of subsequent breaches.
Severability. In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.
Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by you to Fearless Method Motivational Coaching, LLC and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof. Remedies. Except as provided herein, the rights and remedies of Fearless Method Motivational Coaching, LLC are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.
Damage Waiver. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEUROGYM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEUROGYM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Intellectual Property. The materials provided as part of your membership are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Fearless Method Motivational Coaching, LLC. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of Fearless Method Motivational Coaching, LLC. The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the materials are registered and unregistered Trademarks of Fearless Method Motivational Coaching, LLC and other third parties that have authorized the use of such Trademarks on the Website. Nothing contained in the materials or on the Fearless Method Motivational Coaching, LLC website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Fearless Method Motivational Coaching, LLC or the appropriate third party. Your use of the Trademarks displayed on the materials, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited.
Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, County of San Diego. Either Fearless Method Motivational Coaching, LLC or you may demand that any dispute between you and Fearless Method Motivational Coaching, LLC about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California, USA. The foregoing shall not prevent Fearless Method Motivational Coaching, LLC from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. Your indemnity applies only to the following limited circumstances: claims arising out of this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the Services causes Fearless Method Motivational Coaching, LLC to be liable to another. In these circumstances, you agree to indemnify and hold Fearless Method Motivational Coaching, LLC, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you or any third party.
Voidability. The Services are not just a software package, so simply not logging into a members’ website does not void any part of this agreement. In addition, not using the products or services as they are intended, not using the brain training technology, and/or not downloading the products and services available to you during your membership will not void any part of this agreement or entitle you to a refund.
Entire Agreement. This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain Services, you may be notified that you may be required to agree to additional terms and conditions. You may receive a copy of this Agreement by emailing Fearless Method Motivational Coaching, LLC at [email protected]
Contact. If you would like to contact a Fearless Method Motivational Coaching, LLC customer service representative, please email [email protected]