Terms of Service

These Terms of Services (“Terms”) are entered into by Maria Javier Coaching, LLC, a California limited liability company (“Company”), and you the user of www.mariajaviercoaching.com and any of its subpages (collectively, “Site”).  These Terms govern your use of the Site and the services, sessions and programs we offer (collectively, “Services”).  References in these Terms to “we,” “us” or “our” mean Company and references to “you” or “your” mean you the user of the Site and Services.  Where any provision of these Terms modifies, contradicts or is otherwise inconsistent with any other written statement on the Site or any other written agreement between you and the Company, the provisions of these Terms will govern and control.

PLEASE READ THESE TERMS CAREFULLY.  IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE SITE AND SERVICES.  THESE TERMS LIMIT OUR LIABILITY TO YOU, RELEASE US FROM CERTAIN CLAIMS REGARDING THE SERVICES, REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND HAVE YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

  1. Binding Effect. Company provides life coaching services and information to help its clients to thrive and achieve their identified goals through its Services.  This is a binding agreement governing your use of the Site and Services. By using the Site and Services, you agree to abide by these Terms as it may be amended from time to time. It is your responsibility to review these Terms each time you visit the Site and use our Services.  Without limiting the effectiveness of the foregoing, in the event of certain changes to these Terms, you may be required to assent to a new version of these Terms and you may be notified by email. If at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Services.
  2. Qualifications. You must be at least eighteen (18) years old to use the Site and Services.  You represent that you are of legal age to form a binding contract.  Your use of the Site and Services are subject to all applicable federal, state and local laws and regulations. You represent that all information you have submitted to Company, online or otherwise, is accurate and complete, and that you have not submitted false information on or through the Site. You also acknowledge that you may be required to execute other agreements with Company as it determines in its sole discretion to use the Services. Services will not be rendered until after all such agreements are executed by you and by us.
  3. Term and Termination. These Terms may be terminated by Company for any or no reason, including without limitation if you breach any of the provisions set forth in these Terms. Termination shall be without prejudice to any other right or remedy to which we may be entitled under law or equity.  Company may restrict, suspend or terminate your access to the Services and all or any part of the Site, with or without notice, at any time.  If Company terminates its Services, you will be responsible for the pro rata share of Services received by you as of the date of termination.
  4. Contact. By providing your personal information, including without limitation your name, address, phone number, WhatsApp or Voxer username or contact information, fax number, email address, and other information that may reasonably identify you (collectively, “Personally Identifiable Information”), to Company, you are consenting to be contacted by Company regarding the Services by telephone, email, text, WhatsApp or Voxer message or other methods of communication dependent on the information you have provided to us.  If you provide us your telephone number, you are explicitly agreeing that we may call you even if you have opted into the National Do Not Call List administered by the Federal Trade Commission or any state equivalent Do Not Call List. You can opt-in to join our mailing list to receive alerts and promotional information about our Services.  If you no longer want to receive communications from us, you must notify us directly or follow the opt-out instructions found in our communications.
  5. Payments. You agree to pay the fee for our Services on the date that it is due. If you choose a multi-pay option, you authorize the Company to charge your debit or credit card or other payment account, the fees of our Services, and you acknowledge and agree that Company will not obtain additional authorization from you for each recurring fee charged to your debit or credit card or other payment account.  You agree that Company shall not be responsible or liable for any overdraft charges or fees which you might incur as a result of the Services. You agree to refrain from making any chargebacks to our account or to cancel the credit card that is provided to the Company without Company’s prior written consent. You will be held responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. ALL PAYMENTS FOR SERVICES ARE NON-REFUNDABLE UNLESS OTHERWISE AGREED IN WRITING BY YOU AND THE COMPANY.
  6. Automatic Renewal Fees. SOME OF OUR SERVICES INCLUDE A MONTHLY AUTORENEWAL OF ITS TERM. BY SIGNING UP FOR SERVICES THAT WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS, YOU AUTHORIZE COMPANY TO CHARGE YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT(S) THE FEES ASSOCIATED WITH THE SERVICES YOU SELECTED, AND YOU ACKNOWLEDGE AND AGREE THAT COMPANY WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH RECURRING FEE CHARGED TO YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT.  YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES, FAULTS, FEES, PENALTIES, DUTIES, TAXES, AND ASSESSMENTS ARISING OUT OF THE SERVICES, THE SITE AND YOUR USE THEREOF. IN ADDITION, YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OVERDRAFT CHARGES OR FEES WHICH YOU MIGHT INCUR AS A RESULT OF YOUR USE OF THE SITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT IF YOU PURCHASE SERVICES, YOU MAY BE LIABLE FOR PAYMENT OF FUTURE SERVICES UNDER THESE TERMS IF YOU FAIL TO NOTIFY COMPANY TO CANCEL THE SERVICES.  IF YOU HAVE A BALANCE DUE ON ANY ACCOUNT, YOU AGREE THAT COMPANY CAN CHARGE THESE UNPAID FEES TO YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT(S) ON FILE WITH COMPANY. YOU MAY CANCEL OUR SERVICES BY CONTACTING COMPANY AT hello(@)mariajaviercoaching.com, AND YOUR MONTHLY AUTO RENEWAL (IF APPLICABLE) WILL BE TERMINATED.
  7. Intellectual Property. Company will retain the exclusive ownership of all right, title, and interest in and to all work product and intellectual property rights related to the Services, Site and all materials, documents, handouts, guides, ideas, content, graphics, images, videos, audio, “look and feel,” digital conversations, features, functionality, techniques, methods, analysis, creative concepts, deliverables, processes, methods, scripts, patents, patent applications, inventions, copyrights and copyright materials, business name, logos, trademarks and trade names, trade secrets and know-how relating to the Services or Site together with all of the goodwill associated therewith, derivative works, and all other rights which Company may have at any time created, adopted, used, registered, or been issued world-wide (collectively, “Coach IP”). Company grants you a limited, revocable, non-exclusive license to access the Site to view the Site’s content and if you purchase Services, Company grants you the limited, revocable, non-exclusive license use any Coach IP that has been specifically provided to you by Company in connection with the Services for your personal, non-commercial use only.  Any other use of the Site, Services and Coach IP is expressly prohibited.   You acknowledge that you have no right or interest in the Coach IP (except as expressly permitted by these Terms).  You will not acquire or attempt to acquire, for yourself or for others, or grant or attempt to grant, any rights in or to any of the Coach IP, either through registration or use. You will not reproduce, duplicate, create derivative works of, copy, sell, resell or exploit any portion of any Coach IP, except as is necessary for your personal, non-commercial use in connection with the Services. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site or material provided in connection to our Services at any time without consent or notice.
  8. Accuracy of Information. We make no, and disclaim all, express or implied representations and warranties as to the accuracy, correctness, usefulness, reliability, thoroughness, or otherwise with respect to our Services and any information on the Site or through our Services.  We assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors) or delays relating to the Services and information contained on the Site or through our Services.  Any information presented on or through the Site and Services is available solely for general informational and educational purposes.  No information contained on the Site or through the Services is intended to be considered legal, medical or therapeutic advice or considered to be a cure or remedy for any life, medical or psychological problem or disease.  The testimonials and examples used on the Site or Services are exceptional results and are not intended to represent or guarantee that anyone will achieve the same or similar results.  Any reliance you place on information from the Site and Services is strictly at your own risk.
  9. Disclaimer of Warranties. THE SITE, SERVICES AND ALL COACH IP PROVIDED IN CONNECTION THERETO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY.  IN ADDITION, COMPANY DISCLAIMS (i) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS OR ANY SERVICES PROVIDED BY THIRD PARTIES THROUGH ITS SITE OR THE SERVICES; (ii) ANY LIABILITY FOR INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT ON ITS SITE OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES; (iii) ANY LIABILITY FOR THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION WHEN PARTICIPATING ON VIRTUAL SESSIONS OR UTILIZING MATERIAL PROVIDED TO YOU IN CONNECTION WITH THE SERVICES; (iv) ANY LIABILITY FOR OTHER DAMAGES THAT MAY RESULT FROM THE TRANSMISSION, USE OR INABILITY TO USE THE SERVICES OR SITE OR CIRCUMSTANCES OVER WHICH COMPANY HAS NO PRACTICAL CONTROL; (v) ANY LIABILITY REGARDING WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS; (vi) ANY LIABILITY RELATING TO THE SERVICES BEING UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (vii) ANY LIABILITY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SITE OR THAT THE SERVICES AND SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; AND (viii) ANY LIABILITY FOR ANY DAMAGES, MEDICAL EXPENSES, TEMPORARY OR PERMANENT INJURIES SUFFERED AS A RESULT OF YOUR USE OF OUR SERVICES OR SITE. YOU ACKNOWLEDGE THAT Company Does Not Guarantee That You Will Attain A Particular Result From The Use Of Our Services. YOU ARE PURCHASING AND PARTICIPATING IN THE SERVICES WITH FULL UNDERSTANDING THAT YOU ARE RESPONSIBLE FOR CREATING YOUR OWN RESULTS.YOU UNDERSTAND AND AGREE THAT THE VIRTUAL OPERATION OF THE SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ITS SITE, ZOOM, WHATSAPP, VOXER OR OTHER VIRTUAL SITES, APPLICATIONS OR USE OF ANY INFORMATION, OR SERVICES ACCESSED THROUGH THE SERVICES. NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE BY COMPANY OF ANY KIND.
  10. Medical Liability Disclaimers. YOU UNDERSTANDS THAT THE ROLE OF THE COMPANY IS NOT TO PROVIDE MEDICAL, PSYCHOTHERAPY OR ANY OTHER PROFESSIONAL THERAPY SERVICES; OR TO DIAGNOSE, TREAT OR CURE ANY DISEASE, CONDITION OR OTHER PHYSICAL OR MENTAL AILMENT OF THE HUMAN BODY OR MIND. RATHER, THE COMPANY IS A MENTOR AND GUIDE WHO YOU HAVE VOLUNTARILY ENGAGED TO HELP YOU WORK TOWARDS AND ACHIEVE YOUR SELF DEFINED GOALS. YOU HAVE VOLUNTARILY CHOSEN TO WORK WITH THE COMPANY, AND YOU UNDERSTAND THAT THE COMPANY IS NOT ACTING IN THE CAPACITY OF A DOCTOR, PSYCHOLOGIST OR OTHER LICENSED OR REGISTERED PROFESSIONAL, AND THAT ANY ADVICE GIVEN BY THE COMPANY IS NOT MEANT TO TAKE THE PLACE OF ADVICE BY THESE PROFESSIONALS. YOU UNDERSTAND THAT COACHING IS, AT PRESENT, AN UNREGULATED INDUSTRY AND THAT COMPANY DOES NOT EMPLOY ANY INDIVIDUALS WHO ARE LICENSED BY ANY STATE, FEDERAL OR INTERNATIONALLY RECOGNIZED REGULATOR.

    COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE SERVICES OR SITE, OR ANY HEALTH OR MENTAL PROBLEMS THAT MAY RESULT FROM YOUR USE OF THE SERVICES. YOU ARE ENCOURAGED TO CONSULT WITH YOUR HEALTH CARE PROVIDER WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING ANY HEALTH CONDITION.  ANY MATERIAL AND INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.  NOTHING STATED HEREIN IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL ADVICE.

  11. Assumption of Risks. YOU EXPRESSLY AGREE THAT USING THE SERVICES AND TRYING NEW LIFESTYLE HABITS INVOLVE NUMEROUS INHERENT AND SIGNIFICANT RISKS. YOU ACKNOWLEDGE YOU ARE SOLELY AND PERSONALLY RESPONSIBLE FOR YOUR CHOICES, ACTIONS AND RESULTS, NOW AND IN THE FUTURE. YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES OF YOUR USE, OR NON-USE, OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE AND SERVICES, AND YOU AGREE TO USE YOUR OWN JUDGMENT AND DUE DILIGENCE BEFORE IMPLEMENTING ANY IDEA, SUGGESTION OR RECOMMENDATION FROM THE SITE AND SERVICES TO YOUR LIFE, FAMILY OR BUSINESS. YOU UNDERSTAND AND ACKNOWLEDGE THE COMPANY WILL NOT BE LIABLE LEGALLY OR OTHERWISE, FOR THE ACTIONS YOU MAY OR MAY NOT UNDERTAKE AS A RESULT OF THE SERVICES.  ANY ACTIONS OR LACK OF ACTIONS, TAKEN BY YOU IN CONNECTION TO ANY ADVICE RECEIVED FROM THE SERVICES OR SITE, IS DONE SO SOLELY BY YOUR CHOICE AND RESPONSIBILITY AND IS NEITHER THE RESPONSIBILITY NOR LIABILITY OF COMPANY. YOU TAKE FULL RESPONSIBILITY IN THE DECISIONS YOU MAKE AFTER BEING COACHED AS WELL AS THE CONSEQUENCES.
  12. Limited Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO you OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE AND SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WILLFUL MISCONDUCT OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID BY YOU TO COMPANY PURSUANT TO THESE TERMS AND OTHER WRITTEN AGREEMENTS BETWEEN YOU AND THE cOMPANY (IF APPLICABLE) IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  13. Indemnity. You will indemnify, defend and hold Company, and its directors, officers, employees, contractors, representatives, agents and affiliates harmless from loss, liability, costs, damages or expenses from any and all claims, demands, actions, causes of action, defenses and rights, in law or in equity, in the nature of an administrative proceeding or otherwise (known, unknown, contingent, accrued, inchoate or otherwise) (the “Claims”) arising out of or related to (i) your use of or participation in the Services and Site, (ii) your breach of these Terms and any other written agreements between you and the Company, and (iii) your violation of applicable law. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such Claim.
  14. Privacy. Company respects your privacy.  All information we obtain from you is subject to our current privacy policy, which can be found by clicking here (hereinafter, “Privacy Policy”). Company’s Privacy Policy is expressly incorporated into these Terms by this reference. You confirm that you have read and agree to the terms of our Privacy Policy.  YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
  15. Confidentiality. You have made (or may make) available to Company certain confidential information about yourself in connection to the Services (“Confidential Information”).  During the term of this Agreement, Company will not use or disclose such Confidential Information without your prior consent except (i) as may be required or necessary at the Company’s sole discretion to provide the Services, (ii) as further set forth in a written agreement between you and the Company and any of the Company’s written policies, including without limitation its Privacy Policy, (iii) if such Confidential Information was already in the possession of Company or its affiliates prior to disclosure by you to the Company, (iv) if such Confidential Information is made publicly available other than by Company in violation of its written agreements with you, (v) as is otherwise required by statute, lawfully issued subpoena, or by court order to disclose, (vi) if Company reasonably believes there to be an imminent or likely risk of danger or harm to you or others, or (vii) if Confidential Information involves illegal activity.  Please be aware that the Coach-Client relationship between you and the Company is not considered a legally confidential relationship (like the medical and legal professions) and therefore communications are not subject to the protection of any legally recognized privilege.  You should also be aware that telephone, email and videoconference are not encrypted methods of communication, and some confidentiality risk exists with their use.  
  16. Third Party Websites, Applications and Materials. Company may provide links to other sites, applications or written print material operated or created by third parties, that the Company believes will be of value, interest and convenience to you in connection to the Services. This does not constitute endorsement of those sites, applications or materials or any associated organization product or service. Company has no control over, and no liability for any third party sites, applications or materials that may be accessed through the Site or Services. Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by third party sites, applications and materials and the privacy and security controls of such third party site and application. We are not liable for any harm or damages related to your use of services, resources, material content, or any other transactions made in connection with any third‑party sites, applications or materials (e.g., Zoom, WhatsApp or Voxer).  It is your responsibility to make your own informed decision about the accuracy of the information that you obtain from third party sites, applications and other material.  We encourage you to review carefully the third‑party’s policies and practices and make sure you understand them before you engage in any transaction with any third party sites and applications.  Complaints, claims, concerns, or questions regarding third‑party sites, applications or materials should be directed to the third party.
  17. Modification of Services; Additional Terms and Conditions. We are always trying to improve the Services, so these Terms may change over time. We may, in our sole discretion, modify or discontinue any of the Services, or any portion thereof, following written notice to you. You agree that Company will not be liable to you or any third party for any modification or discontinuance of any of the Site and Services.  Similarly, we reserve the right to remove any content from the Site at any time, for any reason, in our sole discretion, without notice. Please be aware we reserve the right at our discretion to make changes to these Terms at any time, and all such changes may be immediately applicable.  Your continued use of the Site or Services following the posting of changes to these Terms (or notice to you that changes have been made to these Terms) will mean you accept those changes. We encourage you to review these Terms each time you visit the Site. Without limiting the effectiveness of the foregoing, in the event of certain changes to these Terms, you may also be required to assent to the new terms, and you may also be notified by email if we have your email address. If any modification is unacceptable, you should stop using the Site and the Services.
  18. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  Subject to the arbitration provision below, any legal actions related to these Terms and/or the Site, or your use thereof, shall be brought and conducted in Santa Clara County, California, and you hereby consent to such jurisdiction and authorize and accept service of process sufficient for personal jurisdiction in any action contemplated by this Section. 
  19. Arbitration Agreement and Class Action Waiver. Both you and Company agree that any dispute, controversy or claim arising out of or relating to the Services, Site and/or these Terms or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS in accordance with JAMS Comprehensive Arbitration Rules and Procedures (“Rules”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this arbitration agreement shall be interpreted as limiting any non-waivable statutory rights.

    The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Santa Clara County, California.  Judgment upon any award rendered may be entered in any court having jurisdiction thereof.  All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to these Terms, or any breach hereof, including any claim that these Terms, or any part hereof, is invalid, illegal or otherwise voidable or void. Notwithstanding the foregoing, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

    You agree that you have voluntarily chosen to visit the Site and use the Services and any claim brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”).  Both you and Company hereby expressly waive any rights to maintain any Class Action in any forum.  Any court or arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration or lawsuit.  Any claim that all or part of these Terms to arbitrate and Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

    YOU HEREBY AGREE THAT THIS WAIVER APPLIES TO YOUR USE OF ANY ASPECT OF THIS SITE AND/OR THE SERVICES AND APPLIES, WITHOUT LIMITATION, TO ANY CIVIL CLAIMS YOU COULD HAVE PURSUED AGAINST COMPANY, INCLUDING ANY CIVIL CLAIMS RELATED TO THE PRIVACY POLICY INCORPORATED BY REFERENCE HEREIN.  YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE IN A CLASS ACTION.  YOU AGREE THAT BY YOUR VOLUNTARY USE OF THE SITE AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU HAVE AGREED TO PURSUE ANY CIVIL CLAIMS YOU MAY HAVE AGAINST COMPANY INDIVIDUALLY BY THE TERMS OF THE BINDING ARBITRATION DESCRIBED ABOVE. THIS PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

    30-Day Right to Opt-Out – To opt-out of these Terms to arbitrate and Class Action waiver, you must notify us in writing within 30 days of it first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms containing an Arbitration Agreement and Class Action Waiver provision) by emailing us at hello(@)mariajaviercoaching.com and providing us with the following information: (i) your name; (ii) your address; and (iii) a clear statement that you wish to opt out of this provision in these Terms.

  20. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor the right to enforce such provision. 
  21. Electronic Commerce. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints regarding the Site with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Sacramento, California 95834, by telephone at (916) 445-1254 or (800) 952-5210, or by email to dca@dca.ca.gov.
  22. Force Majeure. Any delay or failure of Company in performing its required obligations hereunder shall be excused if and to the extent such delay or failure is caused by a Force Majeure event. A “Force Majeure event” means an event due to any cause or causes beyond the reasonable control of Company and shall include, but not limited to, acts of God, strike, labor dispute, fire, storm, flood, windstorm, unusually severe weather, sabotage, embargo, terrorism, energy shortage, accidents or delay in transportation, explosion, riot, war, pandemic, or court injunction or order. In the event of a Force Majeure event, Company shall receive an equitable adjustment extending Company’s time for performance for such Services sufficient to overcome the effects of any delay. The time Company has to perform its Services will be extended on a day for day basis so long as Force Majeure event is in effect.
  23. Acknowledgment. THESE TERMS (AND THOSE ADDITIONAL WRITTEN AGREEMENTS REFERENCED HEREIN) CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES.  PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO USE THE SITE AND/OR SIGNING UP FOR THE SERVICES.  BY CLICKING ON THE BOX THAT SAYS “I HAVE READ AND AGREE TO THE TERMS OF SERVICES”, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THESE TERMS.  YOU UNDERSTAND THAT THESE TERMS LIMIT OUR LIABILITY TO YOU, RELEASE US FROM CERTAIN CLAIMS REGARDING THE SERVICES, REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND HAS YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.  IF YOU DO NOT AGREE, DO NOT CLICK ON THE BOX AND DISCONTINUE YOUR USE OF THE SITE AND SERVICES IMMEDIATELY.  

 

If you have any questions regarding these Terms, please contact us at our email address:  hello(@)mariajaviercoaching.com.

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