Emery Coaching Online Terms and Conditions

Agreement between User and https://emery.coach

Welcome to https://emery.coach. The https://emery.coach
website (the "Site") is comprised of various web pages operated by
Whyfam LLC ("Emery Coaching"). https://emery.coach is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the "Terms"). Your use of
https://emery.coach constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.

https://emery.coach is an E-Commerce Site.

The purpose of the https://emery.coach website is to provide
comprehensive coaching services that empower individuals to transform their
health, careers, and lives. Emery Coaching specializes in health and habits
coaching, guiding clients to achieve sustainable habits, personal
accountability, and full-spectrum well-being. The website offers detailed
information about our coaching philosophy, programs, and services. It also
includes resources such as nutrition plans, educational video courses, and
community support through The Emery Tribe. Additionally, users can book
consultations, BrainTap sessions, and access our online portal for health
education. Our goal is to enable clients to reach their desired selves through
integrated and full-spectrum approaches.

Privacy

Your use of https://emery.coach is subject to Emery
Coaching's Privacy Policy. Please review our Privacy Policy, which also governs
the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://emery.coach or sending emails to Emery
Coaching constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.

Your Account

If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Emery Coaching
is not responsible for third party access to your account that results from
theft or misappropriation of your account. Emery Coaching and its associates
reserve the right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.

Children Under Thirteen

Emery Coaching does not knowingly collect, either online or
offline, personal information from persons under the age of thirteen. If you
are under 18, you may use https://emery.coach only with permission of a parent
or guardian.

Cancellation/Refund Policy

At Emery Coaching, we strive to offer flexible scheduling
while maintaining a high standard of service. To ensure that all clients
receive the best possible experience, we have established the following
cancellation policy:

Appointment Cancellations:

Notice Requirement: Clients must provide at least 48 hours' notice to cancel or
reschedule an appointment. This allows us to offer the time slot to another
client.

Late Cancellations: Cancellations made with less than 48 hours' notice will be
considered late. No make-up sessions or refunds for prepaid services will be
provided for late cancellations or rescheduling.

No-Shows: Clients who do not show up for their scheduled appointment without
prior notice will be charged the full session fee.

Program Cancellations:

Refund Eligibility: Clients wishing to cancel their participation in any of our
coaching programs must notify us within 7 days of the program start date to be
eligible for a full refund.

Pro-rated Refunds: Cancellations made after the initial 7-day period will be
eligible for a pro-rated refund based on the number of sessions completed. Any
materials, digital content, or other non-refundable items provided as part of
the program will be deducted from the refund amount.

Plan Changes: Clients may change the level of their Membership Plan by
providing 30 days' written notice. Changes to a higher level of service are
subject to availability and require pre-approval from the Coach.

Special Circumstances:

We understand that emergencies and unforeseen circumstances can arise. In such
cases, please contact us as soon as possible, and we will do our best to
accommodate your situation.

How to Cancel:

To cancel or reschedule an appointment, please contact us directly via phone at
719-419-8200 or email at [email protected]. Ensure you receive a confirmation of
your cancellation to avoid any misunderstandings.

Effect of Cancellation; Damages:

Plan changes and terminations without cause will become effective on the last
day of the calendar month after the expiration

Links to Third Party Sites/Third Party Services

https://emery.coach may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of Emery
Coaching and Emery Coaching is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Emery Coaching is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by Emery Coaching of the site or any association with its operators.

Certain services made available via https://emery.coach are
delivered by third party sites and organizations. By using any product, service
or functionality originating from the https://emery.coach domain, you hereby
acknowledge and consent that Emery Coaching may share such information and data
with any third party with whom Emery Coaching has a contractual relationship to
provide the requested product, service or functionality on behalf of
https://emery.coach users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable
license to access and use https://emery.coach strictly in accordance with these
terms of use. As a condition of your use of the Site, you warrant to Emery
Coaching that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other
party's use and enjoyment of the Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the Site.

All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of Emery Coaching or its suppliers and
protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. Emery
Coaching content is not for resale. Your use of the Site does not entitle you
to make any unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use, and will
make no other use of the content without the express written permission of
Emery Coaching and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of Emery Coaching or our
licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by
Emery Coaching from our offices within the USA. If you access the Service from
a location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the Emery Coaching Content accessed
through https://emery.coach in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Emery
Coaching, its officers, directors, employees, agents and third parties, for any
losses, costs, liabilities and expenses (including reasonable attorney's fees)
relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this
Agreement or your violation of any rights of a third party, or your violation
of any applicable laws, rules or regulations. Emery Coaching reserves the
right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
fully cooperate with Emery Coaching in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Emery
Coaching agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WHYFAM LLC
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.

WHYFAM LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WHYFAM
LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL WHYFAM LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF WHYFAM LLC OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Emery Coaching reserves the right, in its sole discretion,
to terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of Colorado and you hereby
consent to the exclusive jurisdiction and venue of courts in Colorado in all
disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Emery Coaching as a result of this
agreement or use of the Site. Emery Coaching's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Emery Coaching's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Site or information provided to or gathered by Emery Coaching
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Emery Coaching with
respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Emery Coaching with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related
documents be written in English.

Changes to Terms

Emery Coaching reserves the right, in its sole discretion,
to change the Terms under which https://emery.coach is offered. The most
current version of the Terms will supersede all previous versions. Emery
Coaching encourages you to periodically review the Terms to stay informed of
our updates.

Emery Coaching welcomes your questions or comments regarding
the Terms:

Whyfam LLC

3540 Austin Bluffs Parkway

Colorado Springs, Colorado 80918

Email Address:

[email protected]

Telephone number:

7192002873

Effective as of July 01, 2024

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