Terms and Conditions
1. ACCEPTANCE OF TERMS – The following Terms and Conditions (“TOC”) as set forth by Paladin Coaching, Inc. (“Paladin”), and are entered into and agreed upon by any individual (“Licensee” or “Client”) who logs in or otherwise uses Paladin’s online software and related services (the “Service”). The TOC may be updated by Paladin from time to time without notice to Licensee. In addition, when using the Service, Licensee shall be subject to any guidelines or rules applicable to the Service which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOC.
2. DESCRIPTION OF SERVICE – Paladin provides Licensee with access to an internet-based training system. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the current Service shall be subject to the TOC. Licensee understands and agrees that the Service is provided “AS-IS” and that Paladin assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.
3. DISCLAIMER – Paladin is providing the information contained in the Service as a service to Licensee. Paladin believes that the information is correct and accurate as of the date posted and has no reason to believe otherwise. However, Paladin does not guarantee the correctness or accuracy of the information and will not be responsible for incorrect or inaccurate information or any damage or loss suffered by any person as a result of reliance on such information by any person.
4. DEFINITION OF COACHING – “Professional Coaching is an ongoing professional relationship that helps people produce extraordinary results in their lives, careers, businesses or organizations. Through the process of coaching, clients deepen their learning, improve their performance, and enhance their quality of life. In each meeting, the client chooses the focus of conversation, while the coach listens and contributes observations and questions. This interaction creates clarity and moves the client into action. Coaching accelerates the client’s progress by providing greater focus and awareness of choice. Coaching concentrates on where clients are now and what they are willing to do to get where they want to be in the future. ICF member coaches recognize that results are a matter of the client’s intentions, choices and actions, supported by the coach’s efforts and application of the coaching process.” – Source: International Coach Federation (www.coachfederation.org).
If utilizing Paladin for coaching services, the Client understands and agrees to each of the following provisions:
A. Client hereby employs Paladin as their “Coach” for the purpose of advising and counseling them with respect to the proper format for Coaching for Personal or Professional Development. Coach may also assist Client in structuring, identifying and achieving goals as they have experience in such matters and agrees to render such services.
B. Client understands and agrees that the Coach is not an “employment agent,” “business manager,” “financial analyst” or “psychotherapist” and that they have not promised, shall not be obligated to, and will not: (1) procure or attempt to procure any employment, business or sales for Client, (2) perform any business management functions such as accounting services, advice on tax matters or the investment of funds, and (3) will not act as a therapist, counseling Client or providing psychoanalysis, group therapy or behavioral therapy.
C. Client further understands and agrees that as a specialized form of consulting, Coaching is not the same as professional or licensed therapy; and that Client is always free to reject any advice, suggestions or requests made by the Coach at any time. The Coach is authorized and encouraged to be direct and unconditionally supportive with Client.
D. Client further understands and agrees that Client is to inform the Coach whenever they are under the care of any healer or licensed physician, therapist or psychiatrist; and/or any time Client is taking any prescriptions or drugs. Such disclosure can be made privately and will remain confidential between Client and Paladin.
E. Coaching for Personal or Professional Development may occur via website forum, via telephone, via e-mail, any other agreed upon electronic medium, or in person, as negotiated between Client and Coach.
5. REFUNDS – A refund of the purchase price for an e-Learning program shall be granted to a Licensee up to thirty (30) days from the date of purchase, provided there has been no usage or attempts of usage of the courseware by the Licensee during this period. Refund requests must be submitted in writing to email@example.com. In order for a refund request to be considered the following must be included in the written request:
1. Full name of Licensee
2. Licensee’s e-mail address
3. Licensee’s phone number
4. Date of Purchase
5. Reason for refund request
Refunds are processed within thirty days of Licensee’s written request. After the refund has been processed, a confirmation e-mail will be sent to the e-mail address on file. All other refunds are handled according to the appropriate contract for services rendered.
6. LICENSEE REGISTRATION OBLIGATIONS – In consideration of Licensee’s use of the Service, Licensee agree to: (a) provide true, accurate, current and complete information about Licensee as needed and (b) maintain and promptly update the data to keep it true, accurate, current and complete. If Licensee provides any information that is untrue, inaccurate, not current or incomplete, or Paladin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paladin has the right to suspend or terminate Licensee’s account and refuse any and all current or future use of the Service (or any portion thereof), up to and including denying a refund request to cover costs incurred.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY – Licensee will receive access codes to log in to and use the Service. Licensee is responsible for maintaining the confidentiality of any and all access codes for Licensee’s account, and is fully responsible for all activities that occur under Licensee’s account. Licensee agrees to (a) immediately notify Paladin of any unauthorized use of Licensee’s password or account or any other breach of security, and (b) ensure that Licensee exits from Licensee’s account at the end of each session. Paladin cannot and will not be liable for any loss or damage arising from Licensee’s failure to comply with this section.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE – Recognizing the global nature of the Internet, Licensee agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Licensee agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Licensee resides.
9. NO RESALE OF SERVICE – Licensee agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express written authorization of Paladin.
10. MODIFICATIONS TO SERVICE – Paladin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Licensee agrees that Paladin shall not be liable to Licensee or to any third party for any modification, suspension or discontinuance of the Service.
11. LINKS – The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Paladin has no control over such sites and resources, Licensee acknowledges and agrees that Paladin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Licensee further acknowledges and agrees that Paladin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. PALADIN’S PROPRIETARY RIGHTS – Licensee acknowledges and agrees that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Licensee further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Licensee through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Paladin or advertisers, Licensee agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part Paladin grants Licensee a personal, non-transferable and non-exclusive right and license to use the Software; provided that Licensee does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Licensee agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Licensee agrees not to access the Service by any means other than through the interface that is provided by Paladin for use in accessing the Service.
13. DISCLAIMER OF WARRANTIES – LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT:
1. LICENSEE’S USE OF THE SERVICE IS AT LICENSEE’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PALADIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. PALADIN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET LICENSEE’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY LICENSEE THROUGH THE SERVICE WILL MEET LICENSEE’S EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT LICENSEE’S OWN DISCRETION AND RISK AND THAT LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY LICENSEE FROM PALADIN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOC.
14. LIMITATION OF LIABILITY – LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT PALADIN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PALADIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF LICENSEE’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS – SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO LICENSEE.
16. NOTICE – Notices to Licensee may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOC or other matters by displaying notices or links to notices to Licensee generally on the Service.
17. TRADEMARK INFORMATION – Paladin, Paladin Coaching, Inc., and the Paladin logo, are registered marks of Paladin Coaching, Inc. (the “Paladin Coaching, Inc. Marks”). Without Paladin’s prior permission, Licensee agrees not to display or use in any manner, the Paladin Coaching, Inc. Marks.
18. COPYRIGHTS AND COPYRIGHT AGENTS – Paladin respects the intellectual property of others, and we ask our users to do the same. If Licensee believes that Licensee’s work has been copied in a way that constitutes copyright infringement, please provide Paladin with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that Licensee claims has been infringed
3. a description of where the material that Licensee claims is infringing is located on the site;
4. Licensee’s address, telephone number, and e-mail address;
5. a statement by Licensee that Licensee has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by Licensee, made under penalty of perjury, that the above information in Licensee’s Notice is accurate and that Licensee is the copyright owner or is authorized to act on the copyright owner’s behalf.
19. GENERAL INFORMATION – The TOC constitute the entire agreement between Licensee and Paladin and govern Licensee’s use of the Service, superseding any prior agreements between Licensee and Paladin. Licensee also may be subject to additional terms and conditions that may apply when Licensee uses affiliate services, third-party content or third-party software. The failure of Paladin to exercise or enforce any right or provision of the TOC shall not constitute a waiver of such right or provision. If any provision of the TOC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOC remain in full force and effect. Licensee agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOC must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOC are for convenience only and have no legal or contractual effect.
20. VIOLATIONS – Please report any violations of the TOC to Paladin immediately.
Paladin Coaching, Inc.
9 School St, PO Box 222,
Marlborough, NH, 03455 USA