IMPORTANT–READ CAREFULLY: These Terms and Conditions are a legal contract (the “Agreement”) between you (either an individual or a single business entity referred to as “You”, “Yours” or “Client”) and Empowering Strengths (“Sponsor”) for the use of Sponsor’s website, maintained for the purpose of conducting Sponsor’s programs which includes but is not limited to videos, training modules, access to third party online social media pages, question and answer exchanges, conference telephone calls, step-by-step guides, list-building guides, templates, cheat sheets, instructional materials, associated media, printed materials, and “online” or electronic documentation (collectively, the “Service”).
BY CLICKING THE “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS” BOX, OR BY REGISTERING FOR USE OF THE SERVICE, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN SPONSOR’S SOLE DISCRETION. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS APPLICATION OR THE SERVICES PROVIDED BY EMPOWERING STRENGTHS AND EXIT NOW.
Access to and use of the Service, website and its contents are permitted only by authorized users and clients in accordance with the terms and conditions set forth in this Agreement for the purpose of accessing the Service. Any other access to or use of this Service, website or its contents is unauthorized.
Only persons who are 18 years of age and older may access or use the Service. No part of the website or Service is structured to attract persons under that age. Children under the age of 18 are strictly prohibited from using this website, the content, or any Service. If you are under the age of 18, do not submit any information to this website and please discontinue use immediately.
Important and private information should be protected by you. Sponsor and its affiliates are not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
Sponsor’s network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others, Sponsor or Sponsor’s affiliates. All messages transmitted through the website should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or postings.
Payment for the entire package fee is required prior to confirming the first session.
Sponsor realizes that clients may need to cancel for various reasons including perhaps obtaining their goal prior to a session. Coaching is a respectful commitment that the Sponsor and client make to each other. Sponsor’s time with the client initially, as well as services to book time together, including software services, payment processing services, and refund processing are real costs. The time booked is a commitment to the client.
Additionally, the closer the Sponsor gets to the client’s scheduled sessions, these costs become even more real to the Sponsor in the event of a cancellation as the Sponsor may not be able to fill the time slot that was originally booked, leading to a loss in planned earnings, as well as a missed opportunity for another client who has been waiting for some time.
To minimize any of these issues, all clients are required to adhere to these payment and cancellation policies.
The cancellation policy is based on encouraging respectful commitment. If unforeseen circumstances arise and the client is unable to do so, the following is the Sponsor’s cancellation policy: (Please note that business hours exclude weekend hours.)
Entire Package Cancellations:
Client may cancel their entire package only prior to the start of their first session with the following stipulations. Refunds will be generated as follows.
For package cancellations more than 48 hours in advance of the first session: Client will receive the package fee amount, less $50 administrative and processing fees.
For package cancellations less than 48 hours in advance of the first session: Client will receive the package fee amount, less the prorated cost of the first session.
Once the first session has been conducted, there will be no refunds issued for any cancellations other than what is stated below in the partial package cancellations.
Partial Package Cancellations: Once Sponsor and Client begin their sessions together, partial cancellations are only allowed in the case that Client is enrolled in the Ace Your Interview Preparation program and if Client receives a job offer for a position in the middle of the program). Partial cancellations will follow the same policies as stated above in the “Entire Package Cancellations” with amounts prorated based on sessions not yet delivered.
Appointment Cancellations & Reschedule:
Rescheduling of individual appointments requires a notice of 48 hours. Please note that client’s potential rescheduled time may not be available for weeks out on the calendar.
For appointments cancelled/rescheduled more than 48 hours in advance of the session: There will be no charge.
For appointments cancelled/rescheduled less than 48 hours in advance of the session: Client will be charged for that appointment. The appointment will be counted as part of the package. There will be no refunds given.
All requests for cancellation and rescheduling should be sent via email to:
In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.
Participation in any Service offered is subject to Sponsor’s acceptance of your request. Sponsor reserves the right to refuse service, including participation in Sponsor’s programs, Service, or email newsletter to anyone, person or entity, without the obligation to assign reason for doing so. Sponsor reserves the right to deactivate, suspend or terminate use of the Service for any reason without a refund. On termination of this Agreement for any reason, you must immediately cease all use of the Service, use of the website in any form, and immediately return all materials obtained in connection with the Service in your possession or control.
No user of the site may (1) take any action that imposes an unreasonable load on the website’s infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website, (3) delete or alter any material posted, or (4) frame or link to any of the materials or information available from the website.
If you submit any information to the website, third party online social media page, or any other communication made in the course of using the Service, you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
Sponsor has made every effort to accurately represent the Service and its potential. Every client’s success depends on many factors, including dedication, desire, motivation, and personal effort. Given the many dependencies of success, by entering into this Agreement, you acknowledge that there is no guarantee that you will achieve your goals. Examples provided during use of the Service and in the materials shall not be interpreted as a promise or guarantee of results. Results are entirely dependent on each individual participant’s situation, including but not limited to, the efforts and skills of the person applying all or part of the concepts, ideas and strategies contained in our courses and course materials.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Intellectual Property Rights
You understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
- You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
- You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
- You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
- You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
- You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
- You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
- You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
USE OF THIS SERVICE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SPONSOR OR ANY OF ITS AFFILIATES BE LIABLE FOR DAMAGES TO YOU FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICE PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT SPONSOR CORRECT THE MATTER OR, IF SPONSOR FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.
Request for Permission to Use Content
Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to firstname.lastname@example.org
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Programs, Products, Services or Program Materials.
Errors and Omissions
The website, content and Service, are provided for educational and informational purposes only. All Services made available through Sponsor or its affiliates are intended to be informational in nature only (e.g., a client-consultant relationship) and do not substitute for you establishing a relationship with licensed professionals in your jurisdiction.
Information and materials posted by Sponsor or its affiliates are provided for general reference only and are not warranted to be free of errors or other deficiencies. In addition, the site may be used by others to post other information and materials; Sponsor gives no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication they have been validated by Sponsor or represent the views of Sponsor. Sponsor does not monitor all submissions to the website, or any other external website used in the course of the Service, but reserves the right to do so and to remove or edit anything that is in violation of these terms or other policies of Sponsor.
The Service is not guaranteed to operate free of error. Sponsor cannot claim or warrant that files available for download through the website will be free of viruses or code that may have destructive properties. It is your responsibility to have personal procedures in place to protect your equipment from such destruction. Sponsor assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the website, content or Service.
You agree to accept sole responsibility for any negligent or illegal act or omission of you or your agents, contractors, employees, or other users or accesses.
This Agreement will commence at the time you click the “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS” box and will continue until terminated.
When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information is done at your own risk. We have reasonable security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Except as otherwise stated in this Agreement, any provisions in this Agreement that by their sense and context are intended to survive the termination of this Agreement will survive such termination. Notwithstanding the foregoing, any cause of action that the Sponsor may have against you for breach of this Agreement before the date of termination will survive such termination.
Privacy and Confidentiality
What We Do with Confidential Information. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.
Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
When We Can Disclose Confidential Information
Viewing by Others
Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, heard, collected and used by others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You agree to indemnify, defend, and hold harmless Sponsor, its affiliates, its members, officers, directors, employees, agents, licensors, partners, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from or arising out of any use of Sponsor’s Service—including any information or products purchased through it—or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing Sponsor’s Service.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.
It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to me at email@example.com and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Contra Costa County in the State of California where my business is registered, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you, without the consent of Sponsor. Any transfer, assignment, delegation, or sublicense by you is invalid. Sponsor may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.