AGREEMENT BETWEEN USER AND IGNITE THAT LIGHT LLC.
The www.thebreakupspot.com website (the "Site") is comprised of various webpages operated by Ignite that Light LLC, DBA The Breakup Spot ("Ignite that Light," "We," and "Us"). Site is offered to you on condition of your acceptance without modification of the terms + conditions, and notices contained herein (the "Terms"). Your use of Site constitutes your agreement to all such Terms.
By registering to be a participant in our Programs, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing. Please read these terms carefully, and keep a copy of them for your reference.
Visiting Site or sending emails to Ignite that Light constitutes electronic communications. You consent to receive electronic communication and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occure under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ignite that Light is not responsible for third party access to your account that results from theft or misappropriation of your account. Ignite that Light and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Programs will be provided over the course specified on the sales page and shall be delivered by a combination of online sessions, telephone sessions, one on one in person sessions (“In Person Session”), or as a downloadable product as detailed on the site. The date and time of all telephone sessions and In Person Sessions are as set out on the site but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please check the site regularly for updates on changes to dates and times.
IN PERSON SESSIONS.
If you need to cancel an In Person Session, you should provide us with as much notice as possible (by emailing email@example.com) and we will endeavor to reschedule the session to a mutually convenient date and time. If you provide us with less than 24 hours’ notice or fail to provide us with any notice we may not be able to reschedule the session and shall not be obliged to refund you any amounts paid in relation to such session.
If you arrive late for an In Person Session, we will try to extend the end time but if this is not possible, the session will end at the scheduled time and we will not be obliged to refund you any amounts paid in relation to such session.
The In Person Sessions may be held in third party venues such as hotel meeting rooms and you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). We will require you to leave if you do not comply with such policies and rules (and shall not be obliged to refund you any amounts paid in relation to such session).
You are responsible for your own belongings that you take to an In Person Session and neither we nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.
You agree to indemnify us against any claim from any third party (and associated costs and expenses (including professional fees) arising out of your actions or inactions while at a venue as part of the Programs.
Group telephone sessions shall start and end at the scheduled times regardless of the time that you join the call. If you are late for an individual telephone call, this may be extended at our discretion but if we need to end at the scheduled time, we shall not be obliged to refund you any amounts in relation to such session.
The online sessions of the Programs are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programs but in the event that such content (or any content added by you or other participants in the Programs) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of your account.
The total price payable for the Programs is as set out in the summary of key terms above. You may choose to pay by installments or in one lump sum and the total price payable shall depend upon which option you have chosen and shall be as set out in the summary of key terms. If you choose to pay in installments a deposit of the amount set out in the summary of key terms is payable on registration for the Programs. You will then be invoiced for a further installments (as specified on our website) for the amount set out in the summary of key terms every 30 days until the total price payable has been paid. Such invoices must be paid within 7 days of the date of the invoice. Payment is to be made by any method that is detailed on our site from time to time.
Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge a 5% late fee to total past due amount (ii) suspend the availability of the Programs until such time as payment is made or the Contract is terminated.
You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Programs.
All payments are non-refundable as per our refund policy.
1.1 We warrant to you that the Programs and Programs materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Programs is supplied.
1.2 Other than as set out in paragraph 1.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
We will endeavor to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
We acknowledge that in the course of the Programs we will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:
(a) any use or disclosure authorized by you or required by law; (b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or (c) any information which is already in, or comes into, the public domain otherwise than through our unauthorized disclosure.
You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Programs to you.
CHILDREN UNDER THE AGE OF 18.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY.
You are granted a non-exclusive, non-transferable, revocable license to access and use Site strictly in accordance with the Terms. As a condition of your use of the Site, you warrant to Ignite that Light that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Programs, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is property of Ignite that Light or its suppliers and protected by copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
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, found on the Site. Ignite that Light's content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without express written consent of Ignite that Light and 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 the intellectual property of Ignite that Light or our licencors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services.") You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer advertise or offer to see or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices of proprietary designations or labels of the origin of source of software or other materiel contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Ignite that Light has no obligation to monitor the Communication Services. However, Ignite that Light reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Ignite that Light reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Ignite that Light reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ignite that Light's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Ignite that Light does not control or endorse the content, messages or information found in any Communication Service and, therefore, Ignite that Light specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized. Ignite that Light's spokespersons, and their views do not necessarily reflect those of Ignite that Light.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO WWW.THEBREAKUPSPOT.COM OR POSTED ON ANY IGNITE THAT LIGHT WEB PAGE.
Ignite that Light does not claim ownership of the materials you provided to www.thebreakupspot.com (including feedback and suggestions) or post, upload, input or submit to any Ignite that Light Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Ignite that Light, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation the rights 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.
No compensation will be paid with respect to the use of your Submission, as provided herein. Ignite that Light LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ignite that Light's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to you Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Ignite that Light LLC is controlled, operated, and administered from our offices within the United States of America. If you access the Site and/or Services from outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use Ignite that Light's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Ignite that Light, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site, Programs, services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ignite that Light reserves the right, at its own cost, to assume the exclusive defense and control of ant matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ignite that Light in asserting any available defenses.
You also agree to participate in good faith in the mediation process, with failure to do so creating our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.
Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
CLASS ACTION WAIVER.
Any arbitration under these Terms and Conditions will take place on an individual basis; class/representative/collective actions are not permitted.
The information software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Ignite that Light and/or its suppliers may make improvements and/or changes in the site at any time.
Ignite that Light and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy or the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Ignite that Light and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Programs.
If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
Ignite that Light reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ignite that Light as a result of this agreement or use of the Site. Ignite that Light's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ignite that Light's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ignite that Light with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ignite that Light with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ignite that Light with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS.
Ignite that Light reserves the right, in its sole discretion, to change the Terms under which www.thebreakupspot.com is offered. The most current version of the Terms will supersede all previous versions. Ignite that Light encourages you to periodically review the Terms to stay informed of our updates.
Ignite that Light LLC, DBA The Breakup Spot, welcomes your questions or comments regarding the Terms + Conditions.
Ignite that Light LLC
PO BOX 3650
San Diego, California 92163
Effective as of August 21, 2018
Revised as of December 28, 2019