Loving Your Business, LLC Terms and Conditions of Use "TOU"
Please read these Terms and CONDITIONS of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Loving Your Business, LLC or https://LovingYourBusiness.com (“Website”) digital or downloadable resources, online course, group coaching, class, program, workshop, or training, video, enter any online private forums operated by Loving Your Business, LLC, whether on a website hosted by Loving Your Business, LLC or a third-party website such as an online course platform, video platform or social media platform offered by Loving Your Business, LLC, (collectively “Loving Your Business Activities”).
As used in these TOU, the term “Releasees” is defined to include the following: (i) Loving Your Business, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “LYB”); (ii) any volunteers; and (iii) Debbie King.
1. INTELLECTUAL PROPERTY RIGHTS
a. Ownership of the Content
The words, videos, voice recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the LYB website, any third-party website LYB may use to distribute or host the Loving Your Business Activities, contained in e-mails sent to you by LYB, or provided at in-person events by LYB, (“the Content”) is property of LYB and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. LYB’s Limited License to You:
If you view, purchase or access any Loving Your Business Activities or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients or customers, or any other third party, or otherwise use any material from the Loving Your Business Activities or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them internally in your own business).
2. COACH/CLIENT RELATIONSHIP AND RESPONSIBILITIES OF THE PARTIES
a. LYB’s Responsibilities:
• Provide 12 one-hour coaching sessions
• Provide additional coaching support through email at support@LovingYourBusiness.com Monday through Friday between the hours of 9-5 pacific. Response time is 24-48 hours.
• Use professional coaching tools and communication skills to support you throughout the Loving Your Business Activities.
• Provide assignments as appropriate designed to further your personal and professional growth.
b. Your Responsibilities for Best Results:
• Watch and/or listen to video content provided and complete assignments.
• Commit to attending all coaching calls with video on, in a distraction-free environment.
• Participate, engage, and bring real scenarios to each coaching session.
• Ask for help when you have questions by emailing support@LovingYourBusiness.com
• Coaching is not a substitute for professional advice of any kind, including financial, legal, or medical, and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
3. YOUR CONDUCT
Loving Your Business Activities are a “no pitch zone.” You agree you will not pitch, promote, market, or sell your own or any other services or products, groups, programs, or events to Loving Your Business Activities participants by email or on any Company website or third-party forums operated by LYB.
You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.
You are strictly forbidden from the following:
• Harassing or being disrespectful to LYB or other Loving Your Business Activities participants
• Using any LYB website or third-party forums operated by LYB to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using any LYB website or third-party forums operated by LYB to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from any LYB website or third-party forums operated by LYB
• Using any LYB website or private forum or third-party forums operated by LYB, to take pictures and/or screenshots or create video or screen recordings of sessions, comments, posts, pictures, materials or any other content posted and/or shared by Participants
• Sharing private, confidential or proprietary information from the Loving Your Business Activities with anyone else
If, in LYB’s sole discretion, your conduct violates these TOU in any way, you agree that LYB may immediately terminate your participation in Loving Your Business Activities.
You agree to keep all information you learn about other Loving Your Business Activities participants, their businesses, or clients (as applicable), strictly confidential except where disclosure is required by law. You agree that LYB shall not be liable for the disclosure of any of your information by another Loving Your Business Activities participant.
Confidential information does not include information that:
(a) was in your possession prior to your participation in Loving Your Business Activities.
(b) is generally known to the public or in your circle of friends and family and co-workers; or
(c) LYB may be required by law to disclose.
LYB may record coaching calls for its own evaluations and internal quality control but will not share videos of participants without permission.
You agree you will not share or record coaching calls or share third-party forum postings outside the private member areas of the LYB’s website or any third-party forums operated by LYB, without permission. If LYB discovers you have done so without permission, this will be grounds for immediate termination of your access to Loving Your Business Activities and Content.
5. USERNAME AND PASSWORD
To access certain features of the Loving Your Business Activities, including any private membership areas, you may be provided a username and password. You agree to keep your username and password confidential.
6. PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, RELEASE, DISCLAIMERS
a. The Loving Your Business Activities and Content provide information and education only, and do not provide any financial, legal, medical, or psychological services or advice. None of the Loving Your Business Activities or Content prevents, cures or treats any mental or medical condition. The Loving Your Business Activities and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results.
b. You agree that LYB has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Loving Your Business Activities. LYB cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Loving Your Business Activities, and you understand that results and earnings differ for each individual.
c. LYB tries to ensure that the availability and delivery of the Loving Your Business Activities and Content is uninterrupted and error-free. However, LYB cannot guarantee that your access will not be suspended or restricted from time to time, including unexpected power outages or repairs, maintenance or updates.
d. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE LOVING YOUR BUSINESS ACTIVITIES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LYB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LYB DOES NOT WARRANT THAT LOVING YOUR BUSINESS ACTIVITIES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE.
e. LYB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE LOVING YOUR BUSINESS ACTIVITIES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE LOVING YOUR BUSINESS ACTIVITIES.
7. LEGAL DISPUTES
8. PARTICIPANTS OUTSIDE UNITED STATES
LYB controls and operates the Loving Your Business Activities from offices in the United States. LYB does not represent that materials in Loving Your Business Activities are appropriate or available for use in other locations. People who choose to access the Loving Your Business Activities from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree to defend, indemnify, release, and hold harmless LYB and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but without limitation to attorney’s fees) arising from or in connection with: (i) your use of the Loving Your Business Activities or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to LYB’s website or any third-party forum or website operated by LYB, (iv) your use of materials or features available in the Loving Your Business Activities or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by LYB) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
10. FORCE MAJEURE
The Company will not be deemed to have breached these TOU for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.
11. ENTIRE AGREEMENT, SEVERABILITY, MODIFICATION, AND WAIVER
This agreement constitutes the entire agreement between you and LYB with respect to the Loving Your Business Activities, Content and Website and supersedes all prior, contemporaneous written or oral communications between you and LYB regarding the Loving Your Business Activities, Content and Website. If any part of the terms of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
LYB may change, modify or update these TOU at any time. Any access or use of the Loving Your Business Activities or Content by you after LYB publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact support@LovingYourBusiness.com
When you pay for Loving Your Business Activities, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this document. If you do not agree with these TOU, do not purchase or use Loving Your Business Activities or Content.