Voice what Matters Terms & Conditions
-- last modified on September 6th, 2021
The following terms and conditions govern your Account and use of Services with Voice what Matters. Your contract and Account may be with Voice what Matters or with its course-hosting website, www.voiceandaccentcoaching.thinkific.com. Collectively, all of these entities are referred to here as Voice what Matters or VwM.By signing up for VwM courses or using the VwM websites (our “Services”) or any of the Services of VwM you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. VwM reserves the right to update and change the Terms of Service by posting updates and changes to the VwM website. We recommend that you check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, as well as VwM’s Privacy Policy before you use the Services.
1. Account Terms
You agree to the following terms relating to your account:
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Services or have such authorization from your parents or guardian.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for ensuring that your registration information is true, accurate and complete.
- You acknowledge that VwM will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. VwM cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of VwM will result in an immediate termination of your Services.
2. Account Activation
- Subject to section 2.1, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Services.
- If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions of Use
The following general conditions apply to your use of the Services:
- You are responsible for the conduct on your Account. You must ensure that you do not:
- use the Services for any illegal or unauthorized purpose nor may you, in your use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws);
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission;
- misuse the Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions we provide;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Voice what Matters and/or variations and misspellings thereof;
- circumvent or attempt to circumvent any limitations imposed on your account;
- probe, scan, or test the vulnerability of any VwM system or network, unless we have given you prior written authorization;
- decipher, decompile, disassemble, translate, create derivative works, reverse engineer or otherwise attempt to reconstruct, identify or discover any source code, algorithms, underlying ideas or underlying user interface techniques in the Services or any of the software used to provide the Services, or attempt to do so;
- directly or indirectly identify a customer contrary to the terms of any Confidentiality Notice or other privacy setting, or attempt to do so;
- use the Services to collect or store any sensitive information (“Sensitive Information”) including personal health information, banking and credit card information, and if you do use VwM to collect, store or otherwise process any Sensitive Information you do so at your own risk and you are responsible for ensuring compliance with all applicable laws;
- transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services;
- use the Services to infringe the Intellectual Property Rights of others, or to commit any unlawful activity;
- attempt to circumvent any license, timing or use restrictions that are built into the Services; or
- lend, resell, lease or sublicense or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorization
- Questions about the Terms of Service should be sent to [email protected].
- We do not knowingly provide services or sell products to children. If you are below the age of 16, you may use our website or the Services only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
4. VwM Rights
The following are VwM’s rights in regards to the Services and these Terms of Service:
- We reserve the right to modify or terminate the Services for any reason, without notice at any time.
- We reserve the right to refuse our Services to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any VwM employee or member will result in immediate account termination.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- VwM retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, VwM reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
5. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VwM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE.
- IN NO EVENT SHALL VwM BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
- Your use of the Services is at your sole risk. The Services is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- VwM does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- VwM does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- VwM does not warrant that the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
- IN NO EVENT WILL VwM'S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF: THE FEES PAID BY YOU FOR THE SERVICES HEREUNDER DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE OR 100$.
6. Waiver and Complete Agreement
The failure of VwM to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or provision. The
Terms of Service constitutes the entire agreement between you and VwM
and govern your use of the Services, superseding any prior agreements
between you and VwM (including, but not limited to, any prior versions of
the Terms of Service).
7. Intellectual Property and Customer Content
- Any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services, site, proposed services, documentation or business (“Feedback”) that you provide to VwM will be owned by VwM and you hereby waive any claim you have to ownership, compensation, monetary or otherwise, for providing the Feedback and for VwM’s use of your Feedback.
- We will not disclose your Confidential Information to third parties, except as required in the course of providing our Services. “Confidential Information” includes any materials or information provided by you to us which is not publicly known. Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; (d) we are required by law to disclose; or (e) that you have given your consent or instructed us to disclose.
- If you remove content, delete your account or if these Terms of Service are terminated, we will be permitted to retain a copy, including archives, of your Confidential Information or any information that is related to your account (including Content and personal information) if such retention is necessary to meet our legal and compliance obligations.
8. Payment of Fees & Refunds/ scheduling policy for free coaching
A valid credit card, debit card or bank account are required to pay for Services. Unless stipulated otherwise, Services must be paid for in full before they can be used. VwM reserves the right to put a time-limit on Services and for the cost of those services to reflect that time-limit. If there is a time-limit on a service, you will be notified before you purchase.
There are no refunds for purchased courses.
There is one opportunity to book any free coaching that comes with purchase of services and no cancellations are accepted for any reason at any time. If you cancel or do not show up for your free coaching, it is considered void and VwM's coaching obligation is considered fulfilled.
9. Modifications to the Services and Prices
Prices for courses are subject to change. Such notice may be provided at any time by posting the changes to
the course website.
VwM reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.
VwM shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Services.