terms and conditions
TERMS OF SERVICE
Effective Date: September 2024
Introduction
Welcome to vosscoachingco.com. This Site is owned and operated by Voss Coaching Co., LLC (“Voss Coaching,” “we,” or “us”). These Terms of Service (“Terms′′) govern your use of our Site hereafter referred to as “the Site”, Voss Coaching’s Program, and related courses, materials, and websites (collectively, the “Program”.) These Terms include, but are not limited to, information about usage, licensing, and intellectual property. Please read these Terms carefully. By using the Site, you consent to these legally binding Terms as well as our Privacy Policy, which is hereby incorporated.
We reserve the right to change these Terms or to impose new conditions on the use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Consent and Capacity
In order to use our services, you must be at least eighteen years old. Furthermore, you represent that you are of legal age to enter into this agreement. Your use of our services is conditioned on your acceptance of these Terms, and the Privacy Policy. If you do not agree with these Terms or the Privacy Policy, please discontinue your use of the Site. By using our services, you warrant that you are entering into a binding contract with Voss Coaching Co., LLC. Areas of the Site may also be subject to additional terms. Any additional terms are not intended to replace or supersede these Terms, but rather supplement these Terms in those specific areas. Please take the time to familiarize yourself with the additional conditions of those areas before accessing them.
Intellectual Property Rights
Voss Coaching’s trademarks, trade names, logos, program materials, services and information related to the program, and other intellectual property incorporated into the Site are the sole property of Voss Coaching Co., LLC or its licensors and are protected under copyright, trademark, trade secret, and other intellectual property laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without consent is strictly prohibited. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights. You agree that all materials and related services provided to you will remain confidential and not disclosed by you to anyone without Voss Coaching’s prior written consent.
Spam Policy
Voss Coaching, nor any affiliate, member, or customer is permitted to send unsolicited e-mail communications to individuals who have not requested such communications, or to whom a preexisting relationship does not exist by using, harvesting, or otherwise obtaining information associated with vosscoachingco.com in order to transmit any e-mail communication. It shall be a violation of the Terms for any customer, member, website or affiliate to do so. Violation of these Terms can, at Voss Coaching’s sole and absolute discretion, result in account termination and/or restriction of access rights to vosscoachingco.com. Failure of Voss Coaching to terminate or restrict the access rights of an individual does not constitute a waiver of the right to do so at any time, with no notice.
The following are examples of permissible circumstances under which a potentially unsolicited e-mail communication or e-mail from an unknown sender may be received by you: (i) you may have signed up for an vosscoachingco.com’s newsletters, promotions, or services; (ii) you have an existing relationship with an associated website or affiliate; or (iii) someone else may have signed you up to receive Voss Coaching newsletters, promotions, services, or e-mail communication without first obtaining your permission to do so. Under the foregoing scenarios, the e-mail communication received would not violate the Terms because it was authorized by you or appeared to be authorized by you.
To opt out of receiving e-mail communications from Voss Coaching, please contact us by mail at 941 N. Coleman St #602, Prosper, TX, 75078, or by e-mail at [email protected]. You will be opted out of receiving e-mail communications within ten (10) days of our receipt of your request.
If you have received spam in violation of the Terms, please report it to us by e-mail at [email protected]. Please include a screenshot of the email showing the sender, the subject matter, and the email content.
User Content
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are at least eighteen (18) years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Voss Coaching from their creation. Thus, Voss Coaching shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Voss Coaching determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Voss Coaching all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Voss Coaching has the right but not the obligation to use and display any postings or contributions of any kind and that Voss Coaching may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate into another website or other service any of our material, content or intellectual property.
User Responsibilities
Users of the Site agree to the following guidelines:
- You will keep your username and password confidential. You will not share this information with any other person. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
- You will not use another user’s login and registration information.
- You will not create fake accounts for the purpose of spamming users or visitors, collecting personal information with or without consent, or any other deceptive practices.
- You will not participate in any illegal activities.
- You will not circumvent, evade, disable, or otherwise interfere with the security of the Site.
- You will not infringe the intellectual property rights of others.
Additionally, to access certain portions of the Site, you may be required to provide information. The information you provide must be truthful, accurate, and complete. The information you provide is subject to our Privacy Policy, which is hereby incorporated into these Terms.
Online Commerce
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Disclaimer
THE SITE, ITS CONTENT, AND ALL THE MATERIALS ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE. YOU ACCESS THE SITE AT YOUR OWN RISK UNDERSTANDING THAT VOSS COACHING CO., LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VOSS COACHING CO., LLC WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OF THIS SITE. VOSS COACHING CO., LLC DISCLAIMS ANY AND ALL WARRANTIES PERTAINING TO THE ACCURACY AND USEFULNESS OF THE MATERIALS, CONTENT, SOFTWARE, OR SERVICES PROVIDED VIA THE SITE. VOSS COACHING CO., LLC MAKES NO PROMISES OR REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.
FURTHER, YOU AGREE THAT PROGRAM PARTICIPATION, AND USE OF SERVICES, AND PRODUCTS IS AT YOUR OWN RISK. VOSS COACHING DOES NOT GUARANTEE THAT YOU WILL ACHIEVE SPECIFIC PERSONAL, PROFESSIONAL, OR FINANCIAL RESULTS BY YOUR PARTICIPATION IN THE PROGRAM.
VOSS COACHING DOES NOT MAKE ANY PROMISES, REPRESENTATIONS, OR WARRANTIES CONCERNING THE VIABILITY OF ANY GOALS, ASPIRATIONS, OR ENDEAVORS YOU MAY IDENTIFY OR CHOOSE TO PURSUE DURING OR AS A RESULT OF YOUR PARTICIPATION IN THE PROGRAM.
YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS AND ACTIONS THAT RESULT FROM YOUR USE OF THE PROGRAM AND RELATED INFORMATION, PRODUCTS AND SERVICES.
THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, VOSS COACHING CO., LLC DOES NOT ACCEPT LIABILITY FOR LOSS OR DAMAGE OF ANY KIND, BE IT DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, ACTUAL, PUNITIVE, OR OTHERWISE, WHETHER IT ARISES FROM PERSONAL INJURY, FINANCIAL LOSS, DATA LOSS, OPPORTUNITY LOSS, THIRD-PARTY USE OR MISUSE, AGGREGATE SERVICE, PERSONAL DISSATISFACTION, OR ANY OTHER DAMAGE RESULTING FROM YOUR USE OF THE SITE, PROGRAM, OR RELATED SERVICES. THE FULL ASSUMPTION OF RISK AND THEREFORE RESPONSIBILITY LIES WITH YOU, THE USER AND VISITOR. VOSS COACHING CO., LLC, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, VOSS COACHING CO., LLC’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
THE SITE EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED THEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. WITH REGARD TO FINANCIAL CONTENT CONTAINED THEREIN: NEITHER COMPANY NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISORS, OR AN INVESTMENT ADVISORY SERVICE, AND NOTHING CONTAINED IN THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE, OR LEGAL, COMPLIANCE, FINANCIAL, TAX, ACCOUNTING OR RELATED ADVICE.
THE INFORMATION CONTAINED ON THE SITE IS BASED ON SOURCES AND INFORMATION REASONABLY BELIEVED TO BE ACCURATE AS OF THE TIME IT WAS RECORDED OR CREATED. HOWEVER, THIS MATERIAL DEALS WITH TOPICS THAT ARE CONSTANTLY CHANGING AND ARE SUBJECT TO ONGOING CHANGES RELATED TO TECHNOLOGY AND THE MARKET PLACE AS WELL AS LEGAL AND RELATED COMPLIANCE ISSUES. THEREFORE, THE COMPLETENESS AND CURRENT ACCURACY OF THE IN THE SITE CANNOT BE GUARANTEED.
THE EDUCATION AND INFORMATION PRESENTED ON THE SITE IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU, AS AN END USER OF THIS INFORMATION MAY THEREFORE USE THIS CONTENT AS A GENERAL GUIDELINE AND NOT AS THE ULTIMATE SOURCE OF CURRENT INFORMATION AND WHEN APPROPRIATE, YOU UNDERSTAND THAT YOU SHOULD CONSULT YOUR OWN LEGAL, ACCOUNTING OR OTHER ADVISORS.
ANY CASE STUDIES, EXAMPLES, ILLUSTRATIONS, OR TESTIMONIALS CANNOT GUARANTEE THAT YOU WILL ACHIEVE SIMILAR RESULTS. IN FACT, YOUR RESULTS MAY VARY SIGNIFICANTLY AND FACTORS SUCH AS MY MARKET, PERSONAL EFFORT AND MANY OTHER CIRCUMSTANCES MAY AND WILL CAUSE RESULTS TO VARY.
YOUR USE OF THE INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED IN THE SITE. YOU WILL SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON THE SITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS. THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.
MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. COMPANY HAS NO WAY OF KNOWING HOW WELL YOU WILL DO, AS THEY DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE, COMPANY DOES NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR THAT YOU WILL MAKE ANY MONEY AT ALL. IF YOU RELY UPON FIGURES PROVIDED IN THE SITE; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Voss Coaching infringe your copyright, you, or your agent may send to Voss Coaching a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Voss Coaching actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Voss Coaching a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Voss Coaching’s Copyright Agent for notice shall be [email protected].
Assignment
This Agreement shall be binding upon and inure to the benefit of Voss Coaching and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Voss Coaching Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Voss Coaching to any affiliated entity or any of its wholly owned subsidiaries.
Indemnification
You agree to indemnify and hold harmless Voss Coaching Co., LLC, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses related to or stemming from any use of the Site or your breach of these Terms and any other policies incorporated into this agreement.
Choice of Law
These Terms and any disputes arising from the use of The Site are governed by and construed according to the law of the state of Texas. Each party agrees to submit to the courts of the state of Texas and that the state of Texas has personal jurisdiction over the matter.
Class Action Waiver
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Force Majeure
Notwithstanding anything to the contrary contained herein, Voss Coaching shall not be liable for any delays or failure to perform resulting from acts beyond its reasonable control including, but not limited to, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunctions of technology, loss of data due to power failure or mechanical difficulties, labor difficulties, riots, war, pandemic, epidemic, civil unrest, or other similar cause.
Dispute Resolution
We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost- effectively as possible. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated. If a dispute arises, you agree to first contact us and attempt to resolve any such issues informally. If informal attempts fail, you agree to submit any claim, dispute, or controversy to binding arbitration.
Arbitration will be held before the American Arbitration Association (the “AAA”) with the appointment of a single arbiter. The AAA rules and procedures governing civil proceedings shall apply. The Arbitration shall be held near the principal place of business of Voss Coaching. Any arbitration award shall be final, binding, and non-appealable.
YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL YOU MAY HAVE IN ANY AND ALL JUDICIAL PROCEDURES AND PROCEEDINGS RELATED TO ANY DISPUTE ARISING FROM YOUR USE OF THE SITE UNDER THESE TERMS. ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.
Severability
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the Dispute Resolution provision will be unenforceable, and the dispute will be decided by a court.
Changes to These Terms
We may update these Terms from time to time. If any updates are made to these Terms, they will be posted here. Additionally, if material changes are made, we will notify you via a notice posted on the Site, and registered users will receive an additional email. Please check this page frequently for updates.
Contact Us
If you have any questions, comments, or concerns about these Terms or our services, please contact us via email at [email protected], or by mail at 941 N Coleman St. # 602, Prosper, TX, 75078.
Effective Date: September 18, 2024