Effective Date: 9/15/2024

1.     INTRODUCTION

These Terms and Conditions constitute a legally binding agreement between you ("Member") and Teal Horizon Coaching LLC (“Teal Horizon Coaching” or "Company"). By using our services, including participating in our programs or accessing our materials, you agree to these Terms in full.

2.     PROGRAM SCOPE 

By subscribing to the TEAL Community (herein referred to as “Membership”) you will have access to the following services (the “Program Services”).

• Community Call video conferences:  The Company shall host at least one community call each month which shall be open to all members via video conference link. 

• A Password Protected Membership Site Area: The Company shall maintain a Membership Area that will include video, audio and written lessons, templates, worksheets, checklists, and other training and support information. You shall have access to this Membership Area for as long as the Membership Area exists, unless you or we terminate your subscription. In the event that Company intends to close the Membership Area, it shall provide clients with a 30 day notice.

• Membership Participant Facebook Group: The Company shall create and maintain a closed Facebook group for participants of the Membership. This is a community run group, meaning that participants are encouraged to help each other. The Company oversees the group and ensures that it runs smoothly

Additional services and discounts may be available as the Membership develops.

From time to time, the Company will offer bonuses to individuals who sign up for the Membership. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Membership and they vary depending on specific live and automated promotions throughout the year.

Term:  Your enrollment in the Membership is for one month and shall be renewed monthly unless and until you decide to cancel.

Payment and Pricing:

For those joining the Membership immediately following completion of the Real Life Refresh program:

You will receive three (3) months of complimentary membership as a bonus for your Real Life Refresh enrollment. After this introductory period is completed, you will be invited to join the Membership with a paid subscription at the rate that the Membership is being offered at that time.

For those joining the Membership after the introductory period (see above) or at any other time:

In consideration for the Program Services provided, you agree to a Monthly Fee of USD $45.00 for your initial 30 days subscription.

You understand and agree that the subscription will automatically renew in monthly increments if you do not initiate cancellation through the member site or contact us and cancel your subscription within five calendar days prior to the billing for the next membership period.

The Company will lock in Your monthly payment amount for Your future Membership payments, even if we increase our prices in the future, so long as you continue to be an active subscriber without interruption in your Membership. However, if You or we terminate Your subscription at any time and You re-subscribe at a later date, You must purchase a new subscription at the current price.

3.     GENERAL PAYMENT TERMS

Payment Schedule - Monthly Payments: You will be billed on a monthly basis, starting from the date of your subscription. The billing date, known as the Monthly Payment Date, will be the same date each month. In cases where the Monthly Payment Date falls on the 29th, 30th, or 31st of a month, and the subsequent month lacks these dates, billing will default to the last day of that month and then revert to the original date in the following months.

4.     LATE PAYMENT POLICY

If a payment is overdue by more than five calendar days, we reserve the right to impose a late payment fee of 10% of the due amount. Continued non-payment could result in restricted access to the Services, or termination of your participation. Accounts with unpaid fees for 30 days post-due date may be referred to a collections agency.

5.     PAYMENT SECURITY AND CHARGEBACKS

By providing credit card information, you authorize us to charge any due amounts on the specified dates. For installment payments, we are authorized to charge the due amounts without separate authorization. You agree not to initiate chargebacks or cancel the credit card provided as security without prior written consent. You will be responsible for any fees incurred due to chargebacks or collection efforts. Notify us of any changes to your credit card information. In case of loss, theft, or replacement of your card, please provide updated information promptly.

6.     GENERAL PROGRAM TERMS

a.     Access to Program Services

Access to the Program Services is exclusive to active and paying members. Membership must be current and in good standing to utilize the Program Services.

b.     User's Responsibility for Participation

Users are responsible for their engagement with the Program Services. Lack of participation, attendance, or utilization of the Services does not relieve the User of their payment obligations. Desired outcomes or results are the responsibility of the User; the Membership does not guarantee specific results.

c.     Program Modifications

The Membership reserves the right to make non-material changes at its discretion. Changes may include, but are not limited to, adjustments in subject matter, content, and staffing. These alterations are intended to enhance or maintain the quality of the Membership without substantially altering its core components.

d.     Continuation and Improvement

The Membership is committed to continuous improvement and may periodically update these terms to reflect changes in its services or policies.

7.     YOUR RESPONSIBILITIES

a.     Understanding the Impact of Non-Compliance

• Acknowledge that failing to meet the responsibilities outlined below may impact your ability to access, participate in, and benefit from the Membership(s), and this is not the responsibility of Teal Horizon Coaching LLC.

b.     Provision of Necessary Tools

• Accept that participation in the Membership(s) requires certain tools, which you are responsible for providing. This includes, but is not limited to, reliable internet access, a functional computer, and/or a cellular device.

• Understand that you may need to provide specific information and documentation to Teal Horizon Coaching LLC for effective participation in the Services.

c.     Technological Skills Requirement

• Recognize that Teal Horizon Coaching LLC operates with modern digital methods, and a basic level of technological skill is necessary for effective interaction and participation.

• This includes the abilities to access the internet, download and interact with digital documents, navigate social media and email platforms, and use remote communication tools.

d.     Personal Effort and Participation

• Acknowledge that your success in the Membership(s) is highly dependent on your active participation and engagement with the Services.

• Commit to implementing the tools and strategies learned, and invest personal effort towards your own development both during and outside the scheduled Service times.

• Understand your responsibility to seek support and assistance from Teal Horizon Coaching LLC whenever necessary.

8.     REFUNDS, CANCELLATION, AND AUTO-RENEWAL

a.     Refund Policy

No Refunds: We maintain a strict no-refund policy. Once you have committed to a Membership, there will be no refunds issued for any cancellation of Your participation.

b.     Cancellation by Subscriber

You may cancel future renewals of Membership by adjusting your settings in your profile on the member site.  You will retain access to the Program for the duration of the paid period.  However, your Membership will not renew for another billing period, and you will lose access to all Program Services at the end of the paid billing cycle.  Upon cancellation of your subscription, You will no longer have access to the members-only portal and will be removed from the Facebook Group prior to the last business day of the month in which Your Membership is active. 

You may also request cancellation of Membership by sending a cancellation request to Teal Horizon Coaching with a minimum of five calendar days' notice before the billing date for the next membership period. Failure to provide a five-day notice may result in charges for the upcoming period, which are non-refundable.

c.     Auto-Renewal

Your subscription will automatically renew at the end of each subscription period unless you cancel it in accordance with the terms above. Ensure to monitor your subscription status and renewal dates to make any necessary changes in a timely manner.

9.     TEAL HORIZON COACHING LLC CANCELLATION

The Company reserves the right to cancel your membership in the Program Services at any time, for any reason.  Should we decide to cancel your membership, we will notify you in writing. In the event of a cancellation initiated by the Company, you will receive a prorated refund. This refund will be calculated based on the remaining duration of your membership or participation in the Program Services at the time of cancellation.

10.     MEMBERSHIP DISCONTINUATION

In the event that Teal Horizon Coaching decides to discontinue the Membership entirely, all members will be given a minimum of 30 days’ notice prior to the cessation of the program.  In the case of discontinuation of the Membership, members may be eligible for a prorated refund of any prepaid membership fees, subject to Teal Horizon Coaching’s discretion.

11.     NO TRANSFER OF INTELLECTUAL PROPERTY; LIMITED LICENSE

a.     Intellectual Property Rights

All content provided in the Program, including text, graphics, logos, images, and software, is the property of Teal Horizon Coaching LLC or its suppliers, protected under copyright, trademark, and other intellectual property laws (the “Content”). Trademarks of Teal Horizon Coaching LLC, including names, logos, slogans, etc., are not to be used without prior written permission. Other trademarks within the Membership belong to their respective owners.

b.     Limited Use License

As a member, you are granted a revocable, non-transferable license for personal, non-commercial use only. You may view, download, print, and use individual pages of the Membership for your own personal or business use, but not for resale or widespread distribution. Your participation does not transfer any intellectual property rights to you, and you must observe all copyright and other intellectual property protections. The Content is not for resale. Unauthorized use, such as altering, deleting, or misusing any proprietary rights or attribution notices in the Content, is prohibited. You do not acquire any ownership rights in the Content by participating in the Membership.

c.     Unauthorized Use Penalties

Unauthorized use of Program materials will result in immediate termination of the license and potential legal action. You agree to pay liquidated damages for Unauthorized Use, calculated as five times the total fees paid or a minimum of $2,000.

12.     YOUR CONDUCT IN THE PROGRAM

a.     Public Contributions and Conduct

Be mindful of the materials you upload or submit; they may become public. You are responsible for your posted materials and their potential liabilities. Maintain respectfulness in all communications; avoid abusive, vulgar, or unlawful content. Teal Horizon Coaching LLC reserves the right to modify or delete any material deemed inappropriate but has no obligation to monitor third-party posts.

b.     Prohibited Activities

Do not engage in harmful activities on any Teal Horizon Coaching LLC website or communities. Avoid using the Membership for illegal purposes, spreading malware, or conducting unauthorized marketing. Sharing proprietary Membership information or engaging in discriminatory actions is strictly forbidden.

c.     Adherence to Community Guidelines

As a member of TEAL Community, you agree to adhere to the standards and behaviors as outlined in the Community Guidelines. These Community Guidelines are designed to create a positive and respectful environment for all members and is available for review at https://www.tealhorizoncoaching.com/teal-community-guidelines

Failure to adhere to the Community Guidelines may result in suspension or termination of your membership at the discretion of Teal Horizon Coaching LLC, without refund. We reserve the right to update and modify the Code of Conduct as necessary, and continued membership constitutes acceptance of these changes.

13.     CONFIDENTIALITY

Teal Horizon Coaching respects the privacy of its clients and will take reasonable steps not to disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Membership, you hereby agree to respect the privacy of other Membership participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Membership participants outside of the bounds of the Membership unless you receive express written permission from such other participant to share the information. Similarly, the content of the Membership contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Membership with anyone other than the Company, its owners and employees, and other Membership participants.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

By posting or submitting any material in the Membership, such as questions, comments, posts, photos, images, videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Membership or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Membership at any time for any reason.

You also grant us the right to use your likeness and identify you by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you that reference the Company or the Membership, and to identify you as a member of the Membership by name, email address, or screen name, for any purposes, including commercial purposes and advertising.

You are strictly forbidden from the following:

• Causing damage to any Company website or third-party forums operated by the Company

• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity

• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

• Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

• Sharing private and proprietary information from the Program or other participants with anyone else

• Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.

The Membership is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality.

14.     LIMITATION OF LIABILITY

Teal Horizon Coaching LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

15.     SEVERABILITY

In the event that any provision or part of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement. The affected provision shall be deemed modified to the least degree necessary to rectify its invalidity, illegality, or unenforceability while preserving its intent to the greatest extent possible. If such modification is not possible, the affected provision shall be deemed severed from this Agreement. The rest of the Agreement shall continue in full force and effect, and the Agreement shall be interpreted and enforced as if the invalid, illegal, or unenforceable provision had never been a part of it.

16.     RESOLUTION OF DISPUTES

This Agreement shall be governed by and construed in accordance with the laws of New York State, without regard to its conflict of law principles. The state and federal courts located nearest to Erie County, New York shall have exclusive jurisdiction over any disputes arising from or related to the Membership, Content, or this Agreement, including any related policies. In the event of legal action arising from or related to this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in that action.

Last Updated: 9/15/2024

If you have any uncertainties or do not agree with any of the terms and conditions outlined, please refrain from purchasing the Program. For further clarification or inquiries, feel free to reach out to our support team.

Teal Horizon Coaching LLC

34 Lynette Lane, Amherst, NY  14228

Email Address: support@tealhorizoncoaching.com