Terms of Use 

 Last Update: December 6, 2022

The website www.coachedbygenevieve.com is owned by Mainnor, LLC.  Please read these terms of use (along with our privacy policy and cookie policy, (hereinafter "terms")) fully and carefully before using this website as it contains very important information about your legal rights and obligations, including limitations of your rights and exclusions that may apply to you. These terms set forth legally binding terms and conditions for use of the site.

These Terms of Use govern your use of this Website and any mobile applications or other online services where these Terms of Use are posted (collectively, the “Website”).  Unless explicitly stated otherwise, any new tools or applications that alter or improve the current Website will be included in the definition of “Website.” Your use of the Website is subject to these Terms of Use, which You acknowledge, agree to and consent to by using the Website.


ACCEPTANCE OF TERMS
By browsing and using the Site, you agree to these Terms and all other operating rules, policies, and procedures that may be published from time to time on the Site, each of which is incorporated by reference.

BY USING THIS WEBSITE, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR IN ESSEX COUNTY, MASSACHUSETTS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE WEBSITE AND PURCHASE OF OUR PRODUCTS, AS STATED FULLY IN THE "DISPUTE RESOLUTION" SECTION BELOW.

 

1. DEFINITIONS
Mainnor LLC, DBA Coached by Genevieve, its agents, affiliated entities, and assigns are referred to herein as “Coached by Genevieve,” “we,” “us,” or “our.”

"Content" means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.

"User" means any visitor to the Site, regardless of whether the visitor registers for the Website or purchases any products from the Website and is referred to herein as "User" or "You."

"User Content" refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.


2. ELIGIBILITY TO USE THE SITE
You may use the Website only if you are eighteen (18) years or older and capable of forming a binding contract with us and are not barred from using the Website under any applicable law. As long as you comply with these Terms, you may view and use our Website for your personal, non-commercial purposes. No other use of the Website is authorized.


Notice required by California Law
Pursuant to California Civil Code Section 1879.3, California residents are entitled to the following specific consumer rights notice: 

The name, address, and telephone number of the provider of this service is Mainnor LLC, DBA Coached by Genevieve, 300 Brickstone Square, Suite 201, Andover, MA, 01810. Complaints regarding products, or requests to receive further information regarding use of this Website may be sent to the above address or to support@coachedbygenevieve.com. 

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.


Important information for New Jersey residents
If you live in New Jersey, please carefully read these Terms and understand that by using the Site, placing an order on the Website or creating an account, in addition to the other terms and conditions herein, you agree:

Any dispute between you and Coached by Genevieve will be governed by the laws of the Commonwealth of Massachusetts and subject to the dispute resolution provisions set forth in the "Disputes Resolution" section below; 

Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the "DMCA/Copyright Policy," "Disclaimers of Warranties," "Limitations on Liability," and "Anti-Diversion" sections may not apply to you; and, 

As set forth in the "Indemnification" section below, you are responsible for any harm you cause Coached by Genevieve, whether it is because of your (i) User Content; (ii) violation of any applicable law that protects Coached by Genevieve or our legal rights or those of any third party that your actions have damaged; (iii) material uncured breaches of these Terms; (iv) infringement by you of any intellectual property rights that belong to Coached by Genevieve or any third party; (v) any and all activities that occur under your account, username, and password.

 

3. INTERNATIONAL USERS
Our Website is controlled, operated, and administered from our offices in Andover, Massachusetts, United States of America. We make no representation that Content on the Website is appropriate or available for use at other locations outside the United States, and access to Content is prohibited from territories where the Content or products available through the Website are illegal. You may not use the Website or export its Content or products in violation of United States export laws and regulations. If you access the Website from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.


4. GOVERNING LAW
These Terms and any action or proceeding relating thereto will be governed by the laws of the Commonwealth of Massachusetts, United States of America. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.


5. CHANGES TO TERMS OF USE
We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued use of the Website will constitute your acceptance of the current Terms; however, any material change to these Terms after your last usage of the Website will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Coached by Genevieve will be applied.  By continuing to access or use our website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the website.


6. YOUR ACCOUNT
You may access portions of the Website without registering. However, in order to access some portions and features of the Site, and to make purchases, You may be required to register with Coached by Genevieve in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Coached by Genevieve, including those set forth in these Terms, we reserve the right, in our sole discretion to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Website will immediately cease.


7. PRIVACY POLICY AND COOKIE POLICY
Users of the Website should refer to our Privacy Policy for information about how we use and collect information, which may be accessed by clicking on the following link: [BUSINESS PRIVACY POLICY LINK] (as may be updated from time to time). You agree that we may collect, use, retain, and disclose your personally identifiable information to the extent permissible by law and as described in the Privacy Policy and Cookie Policy and that those policies will govern our collection and use of your personally identifiable information to the extent permissible by law.


8. RULES OF CONDUCT AND GENERAL PROHIBITIONS

You must only use this Website for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Website for any purpose; or (iii) use the Content of the Website for any commercial exploitation whatsoever.

In using the Site, you further agree not to do any of the following:

  • Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights);
  • Exceed your authorized access to any portion of the Website;
  • Modify without permission any part of the Website;
  • Post, publish, submit, or otherwise transmit any Content that (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise volatile of any law; or (iv) promotes illegal or harmful activities or substances; 
  • Disrupt or interfere with the security of, or otherwise abuse, the Website or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated or linked websites; 
  • Disrupt or interfere with any other User’s enjoyment of the Site, or affiliated or linked websites; 
  • Post, publish, submit or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files; 
  • Use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent; 
  • Use meta tags or other “hidden text” utilizing our name, trademark, or product name without our express written consent; 
  • Deep link to the Website without our express written consent; 
  • Create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site; 
  • Collect or store personal data about others; 
  • Attempt to obtain unauthorized access to the Website or portions of it that are restricted from general access; 
  • Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
  • Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or,
  • Encourage or enable another User or individual to do any of the foregoing prohibited activities.

By accessing or using this Website you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Website if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.

If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Website in accordance with these Terms may subject you to civil or criminal penalties.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, "you" or "your" will refer and apply to that company or other legal entity.


9. RIGHT TO USER CONTENT POSTED BY YOU
By making any User Content available to or through the Site, you hereby grant Coached by Genevieve a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing products and services to you and/or other Users, and also in connection with advertising of our products and services.

In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Website in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant Coached by Genevieve the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.

We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.

You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant Coached by Genevieve the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Coached by Genevieve on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.


10. INDEMNIFICATION
You will defend, indemnify, and hold harmless Coached by Genevieve, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to (i) your access or use of the Website or Content; (ii) your User Content; (iii) violation of any applicable law that protects Coached by Genevieve or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by Coached by Genevieve or any third party; (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Coached by Genevieve in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.


11. COPYRIGHTS AND TRADEMARKS
The Site, including all of the Content, is protected by copyright, trademark, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Website or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.

Our trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. We claim no ownership of any trademarks or third-party content protected under copyright law for which we are licensed are to use.


12. DMCA/COPYRIGHT POLICY
It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others.

We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe we or any User of the Website has infringed your copyright in any material way, please notify Mainnor LLC, DBA Coached by Genevieve and provide the following: 

  1. an identification of the intellectual property right claimed to have been infringed;
  2. an identification of the material you claim is infringing so that we may locate it on the Site;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
  5. a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
  6. that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by writing to the attention of Mainnor LLC, DBA Coached by Genevieve, 300 Brickstone Square, Suite 201, Andover, MA, 01810.

13. LINKS TO THIRD-PARTY WEBSITES
The Website may contain links to third party websites or services and advertisements for third parties (collectively, the "Third Party Sites & Ads"). Such Third-Party Sites & Ads are not under our control, and we are not responsible for any Thirty-Party Sites & Ads. We provide these Third-Party Sites & Ads only as a convenience and are not responsible for the content, products, or services on or available from those Third-Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party Sites & Ads. 

The inclusion of a hyperlink to Third-Party Sites & Ads does not imply affiliation, endorsement, or adoption by Coached by Genevieve of the Third-Party Sites & Ads or any information contained therein.


14. PRODUCT DESCRIPTIONS
We have taken reasonable precautions to ensure that all product descriptions, prices, and other Content on the Website are correct and fairly described. By placing an order on this Site, you are making an offer to Mainnor LLC, DBA Coached by Genevieve. Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to not accept the offer if there has been a material error in the description of the product, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise.

 

15. ONLINE PURCHASES
If you wish to purchase any product or service made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. We currently only use Stripe for payment processing when You make a purchase.  By submitting such information, you grant DBA Coached by Genevieve the right to provide such information to Stripe for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

We have no responsibility or liability for these independent policies of Stripe.  We do not collect any of your information for payment processing.  For information about our payment processing company’s privacy policies, visit https://stripe.com/privacy.

You release us, our affiliates, and our payment processing company from any damages that You incur and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

All purchases of physical items from Coached by Genevieve are made pursuant to a shipment contract. This means that the risk of loss and title of such items pass to you upon our delivery to the carrier.

All descriptions, images, references, features, Content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws regarding the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
 

16. ORDER AND PAYMENT INFORMATION
If you use the Website or other means to purchase a product or service, payment must be received by Coached by Genevieve prior to our acceptance of an order, unless otherwise agreed to by us in advance. If our products are subject to sales tax, such tax will be applied to your order total. We may need to verify information you provide before we accept an order and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, we will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. We expressly condition acceptance of your order on your agreement to these Terms.

We will add applicable shipping and handling fees to your charges, as stated in your order. We reserve the right to reject orders where the stated delivery address is outside the United States.


17. LIMITED LICENSE
We may offer, from time to time, various resources that may be downloaded from this Website without any purchase (“Free Content”), which You may access after creating an account.  We grant you a limited, personal, nonexclusive, non-transferrable license to use these resources in exchange for You providing us with your email address or creating an account.  This Free Content may be used for your own personal or internal business use only.  You may not alter, edit, copy, reproduce for sale or distribution, create derivative works, or in any way exploit or use the Free Content in any manner not expressly allowed herein.  By downloading such Free Content, you are expressly agreeing to these terms.


18. ANTI-DIVERSION
We are not responsible for any injury or damage that may result from the purchase of products through distributors or retailers who are not authorized distributors or retailers of our products. We are not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been altered or discontinued.


19. DISCLAIMER OF WARRANTIES
By using our Website, and by purchasing and/or using our Products or Programs, You implicitly agree to the following Disclaimers:

Warranties Disclaimer. 

YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". 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 ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

OUR PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 

We make no warranty that the services or products available on the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You are solely responsible for all of your communications and interactions with other users of the Website and with other persons with whom you communicate or interact as a result of your use of the site, including any services provided to you.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES RELATING TO OUR PRODUCTS, SERVICES, OR CONTENT, THESE TERMS AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY PRODUCTS VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PRODUCTS PURCHASED VIA THE Website IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MAINNOR LLC, DBA COACHED BY GENEVIEVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 


Legal and Financial Disclaimer.  

Our Programs, Program Materials and Products are not to be perceived or relied upon in any way as financial or legal advice. The information provided through our Programs, Program Materials and Products is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns You have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that We are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that You may have as a result of information presented to You through our Programs, Program Materials and Products. You are solely responsible for your results. 

 

Earnings Disclaimer. 

You acknowledge that We have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in the use of our Programs, Program Materials and Products. We cannot and do not guarantee that You will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Program Materials and Products and You accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Program Materials and Products. You agree that your results are strictly your own and We are not liable or responsible in any way for your results.

 

Technology Disclaimer. 

We try to ensure that the availability and delivery of our Programs, Program Materials and Products is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, handouts, eBooks, or any other materials provided by us to you. However, We cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, We will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, We will be not be liable to You for damages or refunds, or for any other recourse, should our Programs, Program Materials and Products become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Program Materials and Products inaccessible to you.

 

Links to Other Websites. 

We may provide links and pointers to other websites maintained by third parties that may take You outside of our website. These links are provided for your convenience and the inclusion of any link to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse, and We are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included on our website. We have no control over the contents or functionality of those websites and so We accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore We do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that You understand and agree with those policies.


20. LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER MAINNOR LLC, DBA COACHED BY GENEVIEVE, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PRODUCTS, SERVICES, OR CONTENT ON THE Website WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE Website OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO MAINNOR LLC, DBA COACHED BY GENEVIEVE FOR ANY PRODUCTS OR SERVICES SUPPLIED BY US THROUGH YOUR USE OF THE Website OR OTHERWISE.

WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

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 website, 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 NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.  IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

If You have a dispute with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, You release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. 

The terms of this section survive any termination of these Terms. 

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section may not apply to you.


21. TERMINATION
You agree that We may, without prior notice, immediately terminate, limit your access to this website and/or your account, or suspend your account based on any of the following: (a) breach or violation of these Terms of Use Conditions; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or, (e) fraudulent, deceptive, or illegal activity, or other activity which We believe is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension will be made in Our sole discretion and that We shall not be liable to You or any third party for the termination, limitation of access, and/or suspension of your account.

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section may not apply to you.


22. NO THIRD-PARTY BENEFICIARIES
We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Mainnor LLC, DBA Coached by Genevieve. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.

23. DISPUTE RESOLUTION - AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

We each agree that any dispute, claim, or controversy arising out of or relating to our products, services, these terms, including our privacy policy and cookie policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services or content available on or through the Website (collectively, "disputes") will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Essex County, Massachusetts and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

You acknowledge and agree that both you and Mainnor LLC, DBA Coached by Genevieve are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.

The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.
 

24. ARBITRATION RULES
The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the "JAMS Procedures"), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.

The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.
 

25. DISPUTE NOTICE AND ARBITRATION PROCESS
Prior to initiating an arbitration proceeding, you must first send Mainnor LLC, DBA Coached by Genevieve a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to Mainnor LLC, DBA Coached by Genevieve must be mailed to the attention of Mainnor LLC, 300 Brickstone Square, Suite 201, Andover, MA 01810 via nationally recognized overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.

26. ARBITRATION LOCATION AND PROCEDURE
Unless the parties otherwise agree, the arbitration will be conducted in Essex County, Massachusetts. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. 

27. ARBITRATOR'S DECISION
The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. Unless otherwise required by law, both Parties shall be responsible for their own cost, attorney’s fees and expenses.

 

28. TIME LIMIT FOR RESOLVING DISPUTES
The parties agree that any cause of action either may have with respect to the Website, or our products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.

The terms of this Dispute Resolution section survive any termination of these Terms.

Right to opt-out or reject future changes to dispute resolution section 

You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter via nationally recognized overnight courier to the attention of  Mainnor LLC, DBA Coached by Genevieve] within thirty (30) days of your first visit to and use of the Website that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.

Notwithstanding the provisions of “Changes to Terms of Use” section above, if Mainnor LLC, DBA Coached by Genevieve changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending Mainnor LLC, DBA Coached by Genevieve written notice to the attention Mainnor LLC, 300 Brickstone Square, Suite 201, Andover, MA 01810 within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Coached by Genevieve in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.
 

29. GENERAL TERMS
These Terms constitute the entire and exclusive understanding and agreement between Coached by Genevieve and you regarding the Site, Content, products, and services that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Coached by Genevieve regarding the Content, products, or services provided on the Site. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Coached by Genevieve under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mainnor LLC, DBA Coached by Genevieve. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Mainnor LLC, DBA Coached by Genevieve, and you do not have any authority to create any obligation on our behalf.

30. ELECTRONIC COMMUNICATION
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.


31. CONTACT INFORMATION
Mainnor LLC, DBA Coached by Genevieve
300 Brickstone Square, Suite 201
Andover, MA, 01810 
Email: support@coachedbygenevieve.com