The Sorted Method™ Privacy Policy
Last updated: September 17, 2024
This Privacy Policy describes how The Sorted Method™ (“we” or “us”) collects, uses, and shares your personal information when you use our website www.thesortedmethodorganizing.com and any of our subdomains (the “Website”).
Topics:
Personal information we collect
How we use your personal information
How we share your personal information
How we store your data
Email marketing
Behavioral advertising
Your data protection rights
Third party websites
Changes
Contact Us
Personal information We Collect
When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically collected information as “Device Information”.
We collect Device Information using the following technologies:
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org
“Log files” track actions occurring on the Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Website.
We use Device Information for:
Functionality: To recognize you on our website and recognize your previously selected preferences, including your preferred language and your location.
Advertising: To collect information about your visit, the content you viewed, the links you followed, and information about your web browser, device, and IP address. We sometimes share limited aspects of this data with third parties for advertising purposes.
Affiliate Marketing: To track which member of our affiliate team referred you to us for the purpose of granting commissions to them if you purchase from us.
You can set your browser not to accept cookies, and the website above tells you how to remove cookies from your browser. Some of our website features may not function if you disable cookies. Please note that we do not alter our Website’s data collection and use practices when we see a Do Not Track signal from your browser.
We also collect data you provide to us directly. We refer to the data you provide as “Provided Information.” We collect and process data you provide when you:
Register online or place an order for any of our products or services
Voluntarily complete a customer survey or provide feedback on any of our message boards, via our contact form, or via email
Provide your email address in exchange for access to a free resource
Sign up for our email newsletter or subscribe to any of our regular content
The Provided Information we collect may include:
Personal identification information (name, email address, phone number, etc.)
Billing information (billing address, shipping address, payment information, including credit card numbers, etc.) This billing information is only collected by ThriveCart.com and not by The Sorted Method™.
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Provided Information.
How we use your Personal Information
We use the Provided Information that we collect generally to fulfill any orders placed through the Website (including processing your payment information, delivering products, and providing you with invoices and/or order confirmations). Additionally, we use Provided Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Website (for example, by generating analytics about how our customers browse and interact with the Website, and to assess the success of our marketing and advertising campaigns). We also use Device Information to track affiliate referrals for the purpose of granting commissions to our affiliates.
How we share your Personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use HotJar to help us understand how our visitors use the Website - you can read more about how HotJar uses your Personal Information here: https://www.hotjar.com/legal/policies/privacy/.
The types of third parties with whom we might share elements of your Personal Information include:
Payment processors engaged by us to securely store and handle payments information, such as credit or debit card information
Providers of email management and distribution tools
Providers of security and fraud prevention tools and services
Providers of data aggregation and analytics software services that allow us to effectively monitor and optimize our site
Providers of affiliate marketing tracking and analytics software services that allow us to provide an affiliate program and grant commissions to affiliates
Providers of client management systems to help us track and communicate with potential clients
We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
How we store your data
We process and store your data using the following providers:
ThriveCart, HotJar, ConvertKit, Meta
Please visit their individual websites for information on the physical location of their servers where your information is stored.
We use commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of any information that may be stored on our servers. Of course, no computer network or data transmission on the internet can be guaranteed to be 100% secure and so you submit your information at your own risk.
We will maintain your Personal Information for our records unless and until you ask us to delete this information.
Email Marketing
If you make a purchase on this Website, download a free resource in exchange for your email address, and/or opt in to receive emails, you agree to receive email communications from this site, including but not limited to newsletters, site updates, promotions, and other announcements and correspondence. We are not responsible for the receipt of any such emails. You are responsible for ensuring that our email address(es) are not blocked or forwarded to your spam folder.
You have the right at any time to stop us from contacting you for marketing purposes. If you opt to unsubscribe from receiving emails, you understand that you may no longer receive information or updates from this Website, including promotions or product updates.
Behavioral Advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work
You can opt out of targeted advertising by using the links below:
Facebook: https://www.facebook.com/settings/?tab=ads
Google: https://www.google.com/settings/ads/anonymous
Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
TikTok: https://support.tiktok.com/en/account-and-privacy/personalized-ads-and-data/personalization-and-data
Meta: https://www.facebook.com/help/contact/1638046109617856
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/
Your Data Protection Rights
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. Under certain conditions, you may also have the right to restrict or object to our processing of your data, and to request that we transfer your Personal Information to another organization. If you would like to exercise any of these rights, please contact us through the contact information below.
Additionally, if you are a European resident, we note that we are processing your information to fulfill contracts we might have with you (for example if you make an order through the Website), or otherwise to pursue our legitimate business interests listed above. Please note that your information will be transferred outside of Europe, including to Canada and the United States.
Third Party Websites
Our privacy policy applies only to our website. We are not responsible for the data collection, privacy practices or policies of any third-party site to which we may provide a link or that may link to our site. We encourage you to read the privacy statement and terms of use of other sites.
Changes
We may update this privacy policy from time to time to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Any such changes are effective immediately upon publication on our Website.
Complaints
Please contact us if you have any complaints about how we use your Personal Information so we can resolve the issue whenever possible. Residents of the European Union also have the right to lodge a complaint with your local data protection regulator, such as the Information Commissioner’s Office in the UK. California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Contact us
For more information about our privacy practices, if you have questions, or if you would like to exercise your data protection rights, please do not hesitate to contact us at hello@thesortedmethodorganizing.com.
DISCLAIMER
This website is owned and operated by The Sorted Method™ (“Company,” “we,” or “us”).
This Disclaimer, together with the Terms & Conditions of Use and Privacy Policy, governs your access to and use of www.thesortedmethodorganizing.com including any content, functionality, products, and services offered on or through www.thesortedmethodorganizing.com or any subdomains (the “Website”), whether as a guest or a registered user.
Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Disclaimer, you must not access or use the Website.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained on this Website and the resources, information, webinars, videos, blog posts, courses, downloads, and/or products available through this Website, whether free or paid, (the “Resources”) are for educational and informational purposes only.
NOT MENTAL HEALTH ADVICE
The information contained on this Website and in the Resources is not intended to take the place of mental health or psychiatric advice from a health care professional. Nothing on this website shall be considered, construed as, or used as a substitute for, mental health advice, diagnosis or treatment, psychiatric advice, diagnosis or treatment, counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by a qualified professional. Any action taken based on the contents of this Website or the Resources is solely at your own discretion, risk and liability. You should always consult the appropriate health professionals on any matter that is related to your mental health and well-being before proceeding with any action pertaining to health-related issues. The Company assumes no liability for the use or misuse of information on this Website or in the Resources.
We have done our best to ensure that the information provided on this Website and in the Resources are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a qualified mental health care professional.
Neither the Company nor any of its employees, owners, or contributors shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a health care professional who is familiar with your situation.
NOT PROFESSIONAL ADVICE
The information contained on this Website and in the Resources is not intended as, and shall not be understood or construed as, professional advice, including but not limited to legal, financial, medical, or other professional advice. While the contributors, employees and/or owners of the Company are professionals and the information provided on this Website relates to issues within the Company’s area of professionalism, the information contained on this Website is not a substitute for advice from a qualified professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this Website, including implementation of any suggestions set out in this Website and/or use of any of the Resources, does not create a professional-client relationship between you and the Company or any of its professionals.
You recognize and agree that we have not created any professional-client relationship by the use of this Website.
USER’S PERSONAL RESPONSIBILITY
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website and in the Resources. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website or in the Resources.
NO GUARANTEES
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in life, business, and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients or customers of the Company or otherwise, applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
TESTIMONIALS
At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.
Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.
REVIEWS
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.
Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website.
We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to hello.sorted.method.organizing@gmail.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
AFFILIATE LINKS
From time to time, the Company may participate in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
The Company will inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for you or your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
NO ENDORSEMENTS
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
CONTACT US
We welcome your questions or comments regarding the Disclaimer:
Email Address: hello@thesortedmethodorganizing.com
TERMS AND CONDITIONS OF USE
Last Updated: February 19, 2024
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and The Sorted Method™ (“Company,” “we” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website www.thesortedmethodorganizing.com and any subdomains (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
PRIVACY POLICY
Your use of the Website is also subject to our Privacy Policy which is written above. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
DISCLAIMER
Your use of the Website is also subject to our Disclaimer which is written above. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
NO USE BY MINORS
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website.
LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
USE OF FREE DOWNLOADABLE CONTENT
We may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). We grant you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.
You agree that you may only use the Gated Content for your personal or internal business use. You agree that you will not sell, redistribute, or create any derivative works based upon the Gated Content and you will not offer any competing products or services based upon any information contained in the Gated Content.
MATERIAL YOU SUBMIT OR PARTICIPATE IN
By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you grant us, our affiliated companies, and any necessary sub-licensees a worldwide, a nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. This includes online video calls in which you are voluntarily a part of. When Zoom is utilized, you agree to the submission of your content by acknowledging that the Zoom call is being recorded. Your acknowledgement shows that you are aware that your voice, profile photos, and/or video may be used for promotional, business development, and marketing purposes.
We claim no intellectual property rights over your Submissions You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.
You shall not upload, post, submit, input, or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.
By making a Submission to the Website, you represent or warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from your Submissions.
You further grant us the right to use your Submission for the purpose of improving our Website, products, or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.
OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by us, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to us or to our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms of Use.
As a condition of your use of the Website, you warrant that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is our property or the property of our licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.
The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content. You agree not to delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual or internal business use and will make no other use of the Content without our express written permission or permission from the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or that of our licensors except as expressly authorized by these Terms.
Our name, logo, slogan, and all related names, logos, product and service names, designs, and slogans are the trademarks of our Company or of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
CHANGED TERMS
We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Any such changes are effective immediately upon notice to you by us posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy, and Disclaimers.
NO WARRANTIES
While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE.
ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM US.
NO GUARANTEE OF AVAILABILITY
Your use of the Website and any associated services may sometimes be subject to interruption or delay. We reserve the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted or delayed for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Information provided on the Website and any resources provided on or available for download from the Website is subject to change. We make no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the information provided.
MALICIOUS CODE
Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.
SECURITY
The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access to this Website or any outbound hyperlinks.
THIRD-PARTY RESOURCES
The Website may contain links to external websites that are not provided by, maintained by, or in any way affiliated with us. We do not guarantee and are not responsible for the availability, accuracy, relevance, timeliness, or completeness of these external websites or any information thereon. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
We may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms is held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between us pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing.
GOVERNING LAW; JURISDICTION
These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance with, and governed by, the laws of the State of Florida, and the courts of the State of Florida shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to use of this site must be filed exclusively in the appropriate courts located in Walton County, Florida and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
ALTERNATIVE DISPUTE RESOLUTION
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended usage contact us at hello.sorted.method.organizing@gmail.com.
CONTACT INFORMATION
The owner of this website is The Sorted Method™. You may contact us by email at hello@thesortedmethodorganizing.com.
The Sorted Method™ Organizing
TERMS OF PURCHASE
Last updated: February 16, 2024
Please read these Terms of Purchase (“Terms”) carefully before completing your purchase of any course, product or program (“Product”) from The Sorted Method™ (the “Company”, “we”, “our”).
By purchasing a Product from the Company, you agree to abide by these Terms and our Website Terms & Conditions, Privacy Policy, and Disclaimers (collectively, these “Terms”). If you disagree with any part of these Terms, you should not complete your purchase. In the event of any conflict between these Terms and the Website Terms & Conditions, Disclaimers, or Privacy Policy, these Terms shall control.
You must be at least 18 years of age or older to purchase from the Company.
PRODUCTS
The Products may include access to an online, password protected platform that may include video, audio, or written lessons, templates, guides, checklists, slide decks, and/or other training materials or access to downloadable templates, guides, checklists, and/or other resources delivered via email or sharing links as further described on the sales and/or checkout pages for each Product. The specific contents of the Program are subject to change, and the Company makes no guarantees that any particular resource will be available at any given time.
From time to time, the Company will offer bonuses to individuals who purchase certain Products. 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 Product and they vary depending on specific live and automated promotions throughout the year. If the offered bonus is a product that you have already purchased, you will not be entitled to a refund of the purchase price for the product or any other compensation in place of the offered bonus.
PAYMENT POLICY
1. Payment Policy
In consideration for your access to the Product(s), you agree to pay for the Product(s) in full (including all applicable sales and other taxes or fees) as indicated on the sales and checkout pages for such Product(s) and for providing the Company with a valid credit card, debit card, or other payment method.
To complete your purchase, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to the Company is true, correct and complete.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected including purchases made with pre-paid credit cards. The Company reserves the right to refuse or cancel your order at any time for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, or errors in your order.
We may use third party services for the purpose of facilitating payment and the completion of your purchase. By submitting your information, you grant the Company the right to provide your payment information to these third parties subject to our Privacy Policy.
2. Payment Plan Option
If you select the payment plan, your card will be charged the first payment at checkout in the amount indicated on the checkout page and subsequent payments will be charged on the same day of the month until all payments are made in full according to the policy outlined in Affirm’s Terms & Conditions.
REFUND POLICY
Due to the digital and informational nature of the Product(s), NO REFUNDS will be issued for any reason at any time after purchase. If you initiate a chargeback, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency at our sole discretion.
If you experience any difficulties accessing, retrieving, or downloading your purchased Product(s), contact the Company immediately at hello.sorted.method.organizing@gmail.com.
The Company will not, under any circumstances, issue any refunds, in whole or in part. If you initiate a chargeback, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency at our sole discretion.
PRODUCT ACCESS & AVAILABILITY
1. Term of Access
Your access to the Product(s) begins upon completion of your purchase and will continue for the lifetime of the Product(s). The Company reserves the right to discontinue any Product and terminate your access at any time for any reason. No refunds will be granted if the Product is discontinued. The Company makes no guarantees about the ongoing availability of any Product.
2. Availability
The Company does not own the online course platform or community by which the Product is provided and delivered. Your access may sometimes be subject to interruption or delay outside of our control. Due to the nature of the Internet and electronic communications, we do not make any warranty that the Product or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our course platform or community or the resources or services supplied through our course platform or community become unavailable, interrupted or delayed for any reason.
DISCLAIMER
Not Professional Advice
The information contained in the Product(s) is not intended as, and shall not be understood or construed as, professional advice. The Product(s) are for educational and entertainment purposes only. The Product(s) should not be construed as medical, legal, financial, or any other type of professional advice. While the Company’s representatives and/or employees may be professionals and the information provided in the Product(s) relates to issues within their area(s) of professionalism, the information contained in the Product(s) is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
The Company and its representatives and employees have done their best to ensure that the information provided in the Product(s) is accurate and to provide valuable information. Regardless of anything to the contrary, nothing in the Product(s) should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a professional.
The Company shall not be liable or responsible for any errors or omissions in the Product(s) or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
No Professional-Client Relationship
Your purchase of the Product(s) does not create a professional-client relationship between you and the Company or any of our professionals. You recognize and agree that your purchase of the Product(s) does not create any professional-client relationship.
Your Personal Responsibility
By using the Product(s), you accept personal responsibility for the results of your actions. You assume all the risk of your access to the Product(s) and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Product(s). You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended in the Product(s).
CONFIDENTIALITY
We will not disclose any information you provide except as set forth in these Terms. As a purchaser of the Product, you may have access to a community of other purchasers. As a condition of purchasing the Product, you agree to respect the privacy of other purchasers. You agree not to share any information provided by other purchasers outside the community unless you receive express written permission to share the information from such other purchaser.
You further agree to respect the Company’s confidential information. The content of the Product(s) contains our proprietary methods, forms, templates, and other information. You agree not to share the information provided to you in the Product(s) with anyone other than the Company and other purchasers of the Product.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video or other material(s) to the Company via the Product or otherwise, you grant to the Company a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy related to your actions in accessing the Product(s) or related materials, and the Company reserves the right to disclose your participation in the same.
You must own the copyright to any image(s) you use in relation with the Product(s). You grant the Company a non-revocable, commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Product(s), or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
By participating in any live group coaching calls or any other events held via video conferencing software, you consent to the recording of your participation in such calls. Such recordings will be made available inside the Program and may be used for any reasonable future business use at the discretion of the Company.
The Company is not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
INTELLECTUAL PROPERTY
The Product(s) contain intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property, such as text, video, graphics, design, logos, images, and the compilation thereof. The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. The Company reserves all rights in and to its common law and registered trademarks, service marks, copyrights, and other intellectual property rights, to all intellectual property included in the Product(s) (“IP”).
All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your purchase of the Product(s) does not result in a transfer of any intellectual property to You. As a condition of your purchase and use of the Product(s), You agree to observe and abide by all copyright and other intellectual property protection. The Company grants You a single-use, non-exclusive, non-transferrable, revocable, royalty-free license to access and use the Product(s) for your personal or internal business use. You agree that You will not modify (except as such modification may be necessary for completing or filling out templates or forms for Your authorized use), publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product(s), or offer any competing Product(s) or services based upon any information contained in the Product(s).
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of the IP. You agree not to delete or alter any proprietary rights or attribution notices in any of the IP. You will use the IP solely for your individual or internal business use and will make no other use of the IP without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any of the IP. The Company does not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You agree that any infringement of the Company’s IP shall result in an immediate termination of the license granted in these Terms. If you make any unauthorized use of the Company’s IP, your access to the Product(s) will be terminated immediately and you shall not be entitled to a refund of any portion of the purchase price.
EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by You, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. The Company may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the mediation referenced below. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Florida for purposes of any such action by the Company.
LIMITATION OF LIABILITY
Except as expressly provided in these Terms, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Product(s). In no event shall the Company be liable to You for any direct, indirect, consequential or special damages, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. The Company’s entire liability for any breach of these Terms, and Your sole remedy, shall be limited to the purchase price actually paid by You to the Company.
NO WARRANTIES
WE MAKE NO WARRANTIES AS TO THE PRODUCT(S). YOU AGREE THAT THE PRODUCT(S) 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 PRODUCT(S) WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE PRODUCT OR 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 THE PRODUCT(S) IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
NON-DISPARAGEMENT
If you are found to be slandering, libeling or otherwise disparaging the Company, Product(s), or related materials, your access to the Product(s) will be immediately revoked. The Company reserves the right to file a civil claim of action against you for any such damaging actions you take that materially harm the Company.
INDEMNIFICATION
You shall indemnify and hold the Company harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Product(s) or your failure to maintain the confidentiality and/or security of your password or access rights to the Product(s). You shall provide the Company with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing the Company with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent. You recognize and agree that the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, pandemic or epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
CHANGES
The Company reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Product(s). Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms. Your continued use of the Product(s) will be deemed your acceptance of such changed terms. The changes may be listed in an area accessible to you or you may be notified by either e-mail or postal mail. If you have any questions regarding modified terms, please contact us at hello.sorted.method.organizing@gmail.com
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and the Company pertaining to the Product(s) and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by the Company of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.
ALTERNATIVE DISPUTE RESOLUTION
You agree to notify the Company of any concerns or issues regarding the Product(s), and to give the Company an opportunity to resolve those concerns or issues. If you and the Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. You agree that your good faith participation in Mediation or other Alternative Dispute Resolution is a condition precedent to filing any civil cause of action.
GOVERNING LAW; JURISDICTION
These Terms shall be construed in accordance with, and governed by, the laws of the State of Florida, and the courts of Florida shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to the Product(s) must be filed exclusively in the appropriate courts located in Walton County, Florida and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by the Company.
CONTACT
If you have any questions about any term of these Terms, please contact us at hello@thesortedmethodorganizing.com.
The Sorted Method Organizing Group Coaching Additional Terms & Conditions
If you willingly enter into a coaching relationship with the entities of The Sorted Method Organizing, by accepting the T&C when joining a beta test group or by accepting the T&C when purchasing the coaching course, you are bound by the following terms & conditions:
Use this Group Coaching Program Terms of Purchase if you have an evergreen onboarding process and want to simply post terms on a page and use a checkbox at checkout instead of individually onboarding each client and having them sign and return the contract. This is a posted policy instead of a contract signed by each individual.
GROUP COACHING POSTED POLICY
Dated 9/17/24
This Group Coaching Posted Policy (“Agreement”) is entered into by and between:
The Sorted Method Organizing
(“Coach”)
and
(“Client”)
Coach and Client are collectively referred to as the “Parties.”
PURPOSE
Coach will provide and Client will pay for professional organizing business creation group coaching services to Client and a group of other participants in accordance with the terms and conditions of this Policy.
CONTRACT DATE
This Agreement is dated 9/17/24 (“Effective Date”).
THE COACHING RELATIONSHIP
Client acknowledges that coaching is a team effort, and Client will get out of coaching only as much as he or she puts into it. Client agrees to fully participate in coaching and follow the Coach’s instructions to his or her best ability. Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
Client acknowledges that Client is solely responsible for creating and implementing his or her own decisions, choices, actions and results based on coaching calls, sessions, and interactions with Coach. Client agrees that the Coach is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, Client should promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
GROUP COACHING
Client acknowledges that the coaching provided under this Agreement will be provided in a group setting. Unless the Client purchases additional individual coaching sessions or otherwise provided in this Agreement, Client will not have one-on-one access to Coach or private coaching sessions.
Client agrees to maintain the confidentiality of all other group coaching participants.
Client agrees to behave respectfully to all other group coaching participants. Client acknowledges that successful coaching requires an environment of trust and mutual respect. If Client cannot respect other participants in the group coaching program, Coach reserves the right to terminate this Agreement without notice, in which case Client shall not be entitled to a refund of the Contract Price.
For the benefit of all participants and to help Coach improve, any and all group coaching sessions may be recorded, and the recording will be made available to all participants. Coach will store the recordings securely and will not publish any recording unless all participants agree, but Coach cannot guarantee the security of any recordings. Client consents to such recording and uses of the recordings and acknowledges the risks of electronically storing and sharing such files.
COACHING SERVICES
Coach agrees to provide professional home organizing business creation group coaching services to Client, subject to the terms and conditions of this Agreement. Coach agrees to devote as much time, attention, and energy as necessary to achieve the following (collectively, “Coaching”):
A. Coaching Blueprint Course, all stated materials, and stated Zoom group sessions.
Coach has full discretion in Coaching but shall not engage in any services which are not expressly set forth in this Agreement without the prior written permission from Client.
SCHEDULING & CANCELLATION POLICY
Coach will schedule all coaching sessions at group published times.
Client acknowledges that unanticipated circumstances arise, and the timeline for delivering all sessions is not guaranteed.
Due to the nature of group coaching, it is not feasible to reschedule every session that one participant cannot attend. If Client cannot attend any session, the session will continue as planned. Client agrees to inform Coach 1 hour’ in advance of any session he or she cannot attend. Client shall not be entitled to a refund of any fees paid for any session Client fails to attend. Zoom session recording will be sent out for Client’s review.
COMPENSATION
Client shall pay to Coach the Contract Price stated at checkout to be paid in full upon receipt of Coach’s invoice. Client will not be eligible to participate in coaching sessions until the Contract Price is paid in full. Checkout via ThriveCart offers 3rd party financing options.
Coach acknowledges and agrees that payment as provided in this Section shall constitute full and final compensation for all Services and rights granted under this Agreement.
CLIENT RESPONSIBILITIES
Client agrees to cooperate with Coach to provide all information and materials necessary for Coach to provide the Coaching. Client agrees to provide, at a minimum, the following:
A. A written review of the coaching program that Coach may use publicly for advertising purposes.
Client acknowledges that such information is vital to Coach’s ability to provide helpful and high-quality coaching services. Client must fully participate in the coaching process, including providing requested information in a timely manner, to receive the full benefit of the Coaching.
TERM
This Agreement shall have an initial term of the completion of every course lesson, and the term of the Agreement may be extended on a month-to-month basis by written agreement of the parties.
TERMINATION
Either party may terminate this Agreement at any time by giving the other party 30 days written notice. Client may terminate this Agreement if Coach fails to cure any default or breach of this Agreement within ten (10) days of receipt of notice of Client’s intent to terminate due to such deficient performance.
All payments under this Agreement are non-refundable. Client shall not be entitled to a refund for any reason, including but not limited to termination of this Agreement. Payment under this Agreement reserves a spot in the group coaching program, reserves Coach’s time, and prevents someone else from joining the program; as such, all funds paid shall be considered compensation for services rendered are not refundable.
Force Majeure. Coach shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, act of government, epidemic or pandemic, or labor disputes.
CONFIDENTIALITY
The coaching relationship and any information that the Client shares with the Coach as part of this relationship is considered confidential (“Confidential Information”). Coach agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Coaching, without Client’s written consent. Coach will not disclose Client’s name as a reference without Client’s written consent. Coach shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Coach will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain. Coach will return all Confidential Information to Client upon termination of this Agreement.
Client acknowledges that any information shared in the group coaching setting will be shared with the other members of the group. Client agrees to maintain the confidentiality of each member of the group unless the exceptions listed in 11.4 apply.
Client acknowledges that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Coach and Client or between Client and other coaching participants are not subject to the protection of any legally recognized privilege.
Coach may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Coach; (ii) Client grants permission for such disclosure in writing; (iii) Coach obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Coach reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.
In receiving Coaching, Client will have the benefit of proprietary systems, strategies and techniques developed by Coach (“Coach’s Proprietary Information”). Client acknowledges that Coach’s business relies on Coach’s ability to provide such insights to various clients. Client agrees not to disclose Coach’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.
INDEMNIFICATION
Client, at Client’s expense, shall release, indemnify and hold Coach and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Coach in providing Coaching and/or arising out of the Coaching, including harm cause by or relating to actions or inaction of other members of the group coaching program, unless due to negligence of the Coach.
PUBLICITY
Client agrees that Coach may use the Client’s name, logo, and/or image (but not contact information or personal information) in Coach’s advertising or promotional literature and may publish articles, blog posts or other advertising and promotional material relating to the Client and the Coaching. Client releases Coach from any and all liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of Client’s name, logo, and/or image as permitted in this section. Nothing in this section releases Coach from the confidentiality requirements of this Agreement.
LIMITATIONS OF LIABILITY
Except as expressly provided in this Agreement, Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching. In no event shall Coach be liable to Client for any indirect, consequential or special damages. Coach shall not be liable for any acts or omissions by any other participant in the group coaching program. Coach’s entire liability for any breach of this Agreement, and Client’s sole remedy, shall be limited to the lesser of the total Contract Price or the amount actually paid by Client to Coach under this Agreement.
Coach is not responsible for any technical difficulties with hardware, software, connectivity, or other technological aspects of electronic coaching sessions, and does not guarantee that the conferencing software, or group coaching sessions will be free from technical problems, available at all times, or work as expected.
DISPUTE RESOLUTION
In the event of a dispute arising out of or relating to this Agreement that cannot be settled by reasonable negotiation, Coach and Client agree to make a good faith effort to resolve the dispute through non-binding mediation before filing a civil cause of action. The party bringing the complaint is solely responsible for the cost of mediation proceedings. Client agrees that Client’s good faith participation in mediation is a condition precedent to filing any civil cause of action. The prevailing party in any arbitration or civil case filed after the conclusion of mediation shall be entitled to recover the costs of such action, including reasonable attorney’s fees.
MISCELLANEOUS TERMS
Waiver. The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default.
Severability. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is determined to be too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law.
Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to its principles of conflicts of law.
Assignment. Neither Party may assign, transfer, subcontract or delegate any right or obligation under this Agreement without the prior written consent of the other party.
Notices. All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the address of the party to be notified provided in the introductory provision of this Agreement. Either party may change the address to which notices are to be sent by providing written notice to the other party as provided for in this section.
Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement.
Entire Agreement. This Agreement shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid.
Amendments. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.
No Insurance. As Coach is an independent Contractor, Client will not be required to provide Coach with any employee, individual or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and omissions insurance.
Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.