TERMS OF USE

Your use of this Web site is subject to the terms and conditions set out below. Your accessing and use of the site and its contents constituted your agreement to these terms and conditions. The appearance, design, content and graphics of this Web site are the property of Sucker Punch Life LLC (doing business as Sucker Punch Life) and are protected by applicable copyright laws and may not be copied, used, reproduced, altered, distributed, or transmitted in whole or in part without the express written consent of Sucker Punch Life which reserves all rights. Re-use of any of the content or graphics in any medium, electronic or otherwise, for any purpose is strictly prohibited. Any unauthorized use of the text, images, audio, video, and programming code may violate copyright, trademark, privacy and publicity laws and other civil and criminal statutes of the United States and other countries. Links to this Web site may not be made without the express written permission of Sucker Punch Life. Please direct your request for such links to office@suckerpunchlife.com. The “Sucker Punch Life” and other Department, Product and/or Enterprise names and logos are trademarks of Sucker Punch Life. All other copyrights, trademarks or service marks used or referred to on this Web site are the property of their respective owners. Nothing contained on this Web site should be construed as granting, expressly or by implication, estoppel, or otherwise, any license or right of use of any copyright, trademark or service mark displayed on the Web site without the written permission of Sucker Punch Life or such third-party owners. The information on this site is provided solely for general illustrative and instructional purposes only, and does not create a business or professional services relationship unless otherwise expressly stated. Sucker Punch Life makes no representation or warranty concerning the content or suitability of the information on this Web site for any purpose.

The articles, information and works provided in this Web site are provided “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Sucker Punch Life may change the information in this Web site at any time without notice. Sucker Punch Life assumes no liability for the use or interpretation of information contained herein. Decisions based on data or information are the responsibility of the visitor to this Web site. Any Sucker Punch Life publication contained in or referenced is based upon information which we believe to be reliable, but may include factual inaccuracies, technical inaccuracies or typographical errors. Changes may be periodically made to these publications; these changes will be incorporated in new editions of these publications. Sucker Punch Life may make improvements or changes in the products or the programs described in these publications at any time without notice. This site contains links to Web sites and/or servers maintained by other organizations. Sucker Punch Life cannot and does not make, and expressly disclaims, any and all warranties concerning the accuracy or source of information found or accessed through this site or the content of any file that you might choose to download from a third-party Web site. When you use any of these links to access another Web site, you are leaving the Sucker Punch Life Web site and any representations of undertakings made by Sucker Punch Life cease to apply to your online session. Sucker Punch Life assumes no responsibility, and shall not be liable for, any direct, indirect, special, incidental or consequential damages to, or viruses that may infect, user’s computer or other property on account of user’s access to, use of, or browsing in the linked Web site or user’s downloading of any materials, data, text, images, video, or audio from the linked Web site. This includes but is not limited to the loss of data or loss of profit, even if Sucker Punch Life was advised of the possibility of such damages. Sucker Punch Life reserves the right to modify or amend these terms and conditions at any time and for any reason. Any changes to these terms and conditions apply as soon as they are posted on this Web site. By continuing to use the Web site after any changes are posted, user acknowledges acceptance of those changes.

The book Miserable You™ is a parody and is intended for informational and entertainment purposes only. While every reasonable effort has been made to ensure the accuracy of the information included in this book, no guarantee can be given that the information is free from errors or omissions. The content of this book is not intended to replace professional psychological care, professional advice, diagnosis, or treatment. It is not meant to treat depression, anxiety, bipolar disorder, or any other mental health condition. Proper diagnosis and treatment of any mental health condition requires the attention of a psychologist, psychiatrist, or another qualified mental health professional. Seek the appropriate professional advice. Do not disregard professional medical advice or delay seeking care because of the content of this book. Utilizing the information provided is solely at your own risk. If you are in crisis, call 911, your local emergency phone number, or the Suicide and Crisis Lifeline at 988. Sucker Punch Life LLC and its authors, owners, employees, subcontractors, and agents shall accept no liability for any act or error or omission occurring in reliance on the information in this book and for any consequences resulting from reading this book. Sucker Punch Life LLC and its authors, owners, employees, subcontractors, and agents shall not be liable for any loss, including but not limited to special, incidental, consequential, personal, or other damages. By using this book, you are agreeing to the provisions of this disclaimer and notice.

Jurisdiction And Applicable Laws

The posting of this Web site on the World Wide Web by Sucker Punch Life is a passive activity in itself. Access to this Web site by persons in any jurisdiction does not imply that Sucker Punch Life intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that Sucker Punch Life invokes the benefits and protections of the law of such jurisdiction. This Web site was developed in the United States of America in accordance with its laws. Your browsing in and use of the Web site shall be deemed acceptance of the laws of the United States of America. Notwithstanding the foregoing, this Web site may be reviewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Sucker Punch Life intends to make such products and services available in such countries.

 

COACHING TERMS AND CONDITIONS

By entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in the Life Coaching and/or Business Coaching, you (“Client”) are entering into a legally binding agreement with SUCKER PUNCH LIFE LLC, an Arizona Corporation (“Company”) according to the following terms and conditions:

(1) COMPANY’S SERVICES: Upon execution of this Agreement, electronically, verbally or otherwise, Company agrees to render services related to coaching, education, seminar, consulting, and/or training (“the Program”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client should the need arise.

(2) COMPENSATION: Client agrees to compensate Company according to the payment schedules set forth on the Company’s website and the payment plan selected by the Client (the “Fee”). Company shall charge a 5% (five percent) late penalty to all balances that are not paid in a timely manner by Client. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee, regardless of whether Client completes the full extent of services offered by Company. In the event that Client terminates services prior to the completion of the services, Client shall be responsible for all payments. All payments shall be collectable and non-refundable except as provided herein.

(3) CHARGEBACKS AND PAYMENT SECURITY: To the extent that Client provides Company with Credit Card information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card for any unpaid invoices. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.

(4) NO RESALE OF SERVICES PERMITTED: Client agrees not to reproduce, duplicate, copy, sell, trade, resell, share or exploit for any commercial purposes, or any purposes, any portion of the Service (including course materials), use of the Service, or access to the Service.

(5) NO TRANSFER OF INTELLECTUAL PROPERTY: Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted books and course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

(6) LIMITATION OF LIABILITY: By using Company’s services, Client releases Company from any and all damages that may result from anything and everything. The Program is only a service being provided. Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions.
Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to
Client or to any third party is limited to the lesser of (a) the total fees Client paid to Company in the 12 months prior to the action giving rise to the liability, and (b) $100. All claims against Company must be lodged with the entity having jurisdiction within 100-day of the date of the first claim or otherwise be forfeited forever.
Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Service. Client agrees that use of this service is at user’s own risk.

(7) DISCLAIMER OF GUARANTEE: Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is crucial to Program’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.

(8) NOT A SUBSTITUTE FOR MEDICAL TREATMENT: Company and its employees, owners, and partners do not provide medical services, therapy, psychotherapy, psychiatric services, or psychological services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

(9) TERMINATION: In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client.

(10) INDEMNIFICATION: Client shall defend, indemnify, and hold harmless Company, Company’s owners, employees, shareholders, trustees, affiliates, partners, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the books, publications, website, emails, coaching, training, educational programs, and other product(s) or service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s employees, owners, shareholders, trustees, affiliates, partners, and successors shall not be held personally responsible or liable for any actions or representations of the Company.

(11) CONTROLLING AGREEMENT: In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.

(12) CHOICE OF LAW/VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement where the amount in dispute is over $5,000 to arbitration in the state of Arizona, Maricopa County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.

(13) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

(14) SURVIVABILITY: The ownership, non-circumvention, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

(15) SEVERABILITY: If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

(16) OTHER TERMS: Upon execution of This Agreement by selecting “I agree”, the Parties agree that any individual, firm, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, companies, heirs, assigns, designees or consultants of which the signee is a coach, owner, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.

Miserable You, the funny self-help book and humorous motivational book by Sucker Punch Life LLC, is available at www.miserableyou.com and has separate Terms of Use.

Upon execution by agreeing in writing, verbally, digitally, or any other form, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or emailed executed copy of this Agreement, with a written or electronic signature or confirmation of agreement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.