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TErms OF USE

Welcome to https://TransformationToTheCore.com/ (the “Site”, including any and all of its subdomains and associated mobile web applications), a brand and website website of "To The Core Consulting LLC", owned by Kristin Schleicher (“Company”, “we”, “our”, or “us”).

 

These Terms & Conditions (the “Agreement”) govern your use of and access to the Site. We use the Site to provide information about the Services (as that term is defined herein) we offer to our current and prospective clients. We also use the Site to provide our Services. By accessing or using the Site you are confirming that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Transformation To The Core Privacy Policy, whether or not you are a registered user of the Site. Your access to and use of the Site, and your continued access to and use of the Site, make you a Site User. If you procure Services (as that term is defined herein) from us, you are a Transformation To The Core Client. In both instances, whether you are only a Site User or both a Site User and a Transformation To The Core Client (in both instances sometimes alternatively and collectively referred to herein as “you” and “your”), this Agreement governs your relationship with the Company Consulting To The Core LLC. 

 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

This Agreement applies to and is binding on Site Users and Transformation To The Core Clients. If you do not agree to be bound by the terms stated herein you should not use or access the Site or use the Services. This Agreement may be amended by the Company from time to time, and at any time, with or without prior notice, in our sole discretion. We may post a revision date on the Site when a material change or update has been made, however, it is ultimately your sole responsibility to review this Agreement periodically to assure your continued agreement to be bound by the terms stated herein. If at any time you find any of the terms of this Agreement disagreeable, you must immediately leave the Site and cease all use of the Services and the Site.

 

USE OF THE SITE; USE OF THE SERVICES – ELIGIBILITY

YOU AGREE THAT BY USING THE SITE AND ANY SERVICES OFFERED BY US YOU CONFIRM AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT OR YOU HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN AND WITH SUCH CONSENT YOU OR YOUR PARENT/GUARDIAN ACTING ON YOUR BEHALF ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

MINOR CONSENT: ALL SITE USERS AND TRANSFORMATION TO THE CORE CLIENTS UNDER THE AGE OF 18 MUST HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN PRIOR TO USING THE SITE AND/OR SERVICES. WHERE SUCH CONSENT IS REQUIRED, THE PARENT OR LEGAL GUARDIAN CONFIRMS THAT THEY HAVE SOLE RIGHT TO CONSENT TO THE USE OF THE SITE AND/ OR SERVICES BY THE MINOR AND BY GRANTING SAID CONSENT AGREE TO BE BOUND BY THIS AGREEMENT. PARENTS OR LEGAL GUARDIANS WHO HAVE SIGNED THE TRANSFORMATION TO THE CORE CONSENT AGREEMENT DURING THE INTAKE PROCESS ON BEHALF OF THEIR CHILD AGREE THAT THEY WILL SIGN A “PARENTAL OR CUSTODIAL CONSENT” FORM PRIOR TO SEEKING SERVICES FOR THEIR CHILD. CONTACT TRANSFORMATION TO THE CORE CUSTOMER SUPPORT at info@transformationtothecore.com (Re: PARENTAL OR CUSTODIAL CONSENT) TO RECEIVE A CONSENT FORM.

Any use or access to the Site by anyone under the age of 16 is strictly prohibited and is in violation of this Agreement.

 

SERVICES IMPORTANT NOTICE:

Hypnotherapists are not licensed therapists, psychiatrists, nurses, medical doctors or physicians, nor are they licensed psychologists or licensed therapy providers. Hypnotherapists do not, and TRANSFORMATION TO THE CORE Hypnotherapists will not, diagnose or treat any emotional or mental disorders or medical conditions. Hypnotherapists do not prescribe medicine and should never be used as a substitute for traditional medical and therapeutic counseling care. If you are experiencing a health emergency contact your healthcare provider or a healthcare urgent care or emergency care service. As a TRANSFORMATION TO THE CORE Client you will be provided with hypnotherapy and coaching services (the “Services”) during one or more sessions (a “Session” or the “Sessions”) by Kristin Schleicher.

 

HYPNOTHERAPY & HYPNOSIS

Hypnotherapy utilizes hypnosis and methods and principles, including induction, that help clients discover their inner creative abilities to develop positive thinking and feelings. Hypnosis is not a state of sleep, but instead is a natural state of mind that can produce extraordinary levels of relaxation of mind, body, and emotions. The principles and theories upon which hypnotherapy are based are accessing and utilizing the power of one’s inner resources. Hypnotherapy, through the utilization of hypnosis, can transcend the critical, analytical level of the mind, and facilitate the acceptance of suggestions, directions and instructions desired by the client. The hypnotherapeutic use of hypnosis can also elicit information and insights from the inner mind.

 

TRANSFORMATION TO THE CORE SERVICES AND SESSIONS

During your Sessions, your Hypnotherapist Kristin Schleicher will engage in interviews, discussion, inductions and various hypnotic methods that assist in dealing with underlying issues whenever appropriate, with the goal to achieve effective and lasting results. Your Sessions may also include coaching interactions. Coaching interactions may or may not involve clinical hypnotherapy and/or hypnosis.

By engaging TRANSFORMATION TO THE CORE, you understand and agree that the hypnotherapy Sessions TRANSFORMATION TO THE CORE provides are not psychotherapy, psychological, psychologist, psychometrist, psychometrist, psychometry, or psychiatric treatment, behavioral health services or any other form of psychology or medical treatment, but are complementary and alternative healing and coaching methods aimed at creating positive changes.

You understand and agree that the Services provided by TRANSFORMATION TO THE CORE that utilize hypnotic techniques are avocational or vocational self-improvement methods and are not offered as therapy for emotional or mental disorders.

 

You agree to inform the TRANSFORMATION TO THE CORE hypnotherapist with whom you engage in Sessions with of all physical or mental conditions that might affect the success of the Sessions.

 

You understand and agree that you are a full partner in creating changes for yourself and are willing and able to participate fully during Sessions. The Services also include access to the Site.

You acknowledge and agree that the Services are provided “AS-IS”. Company is continuously innovating in order to provide the best possible experience for Site Users and TRANSFORMATION TO THE CORE Clients.

You acknowledge and agree that the form and nature of the Services that Company provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Company may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to Site Users or TRANSFORMATION TO THE CORE Clients generally at Company’s sole discretion, without prior notice to you. You may stop using the Services at any time.

 

You do not need to specifically inform Company when you stop using the Services unless you are requesting closure of your account. Company assumes no responsibility for the use of Services outside the terms of this Agreement or other applicable terms. Notwithstanding the above, any scheduled session must be cancelled pursuant to our Cancellation Policy as described herein prior to your termination of the Services.

 

Considerations Regarding the Services – Nature of Information.

Company does not guarantee that any information we provide to you will be positive or welcome. In fact, such information may be negative and unwelcome. While we hope the Services are beneficial to you, you understand, agree and acknowledge that there is no guarantee that the Services will fit your needs. You acknowledge that some of the information you become aware of through your use of the Services may be negative, unwelcome or distressing. You agree that you release Company from all liability as stated in Section 21 herein related to how you react to the information you learn through use of the Services.

 

The Services Do Not Constitute Medical Advice, nor is a Doctor/Patient Relationship Created. The Sessions provided by Company through its Services, including those hosted by Company or elsewhere, does not create a doctor/patient relationship, and does not constitute medical advice. The Services are not intended to diagnose an illness, condition, or disease, and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health. Company does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on the Site.

 

Reliance on any information provided by Company, Company employees, others appearing on our website at the invitation of Company, or other visitors to our website is solely at your own risk.

You acknowledge that some portions of the Sessions may be recorded for your use after the Session has ended. We will inform you prior to the starting of the recording and you will have the opportunity to decline to have that part of the Session recorded. The recordings are for your personal use and TRANSFORMATION TO THE CORE will not retain a copy of the recording. YOU AGREE THAT IF YOU DOWNLOAD OR OTHERWISE USE THE RECORDINGS OUTSIDE OF YOUR SESSION YOU WILL ONLY DO SO IN A SAFE PLACE FREE OF DISTRACTIONS OR PHYSICAL HAZARDS, AND YOU WILL NOT LISTEN TO THE RECORDINGS WHILE DRIVING OR OPERATING MACHINERY.

 

SESSION SCHEDULING, CANCELLATION & RESCHEDULING POLICY; SUBSCRIPTIONS & SUBSCRIPTION CANCELLATION

It is the responsibility of the TRANSFORMATION TO THE CORE Client to schedule their Sessions. To schedule a Session book via the booking tool on our website or contact TRANSFORMATION TO THE CORE customer support during business hours at:

 

info@transformationtothecore.com (Re:Schedule)

Phone or Text:     (727) 307-1725  

Business hours:   Monday – Friday – 9:30  AM EST – 8 PM EST

                               Sat and Sun – 12 PM EST – 9 PM EST

                               Closed on Holidays

 

Scheduled Session cancellation or rescheduling requests must be made no less than 48 hours prior to the scheduled Session start time. Failure to attend a scheduled Session will result in a full session fee charge (see Section 6 below) for the scheduled Session.

To cancel or reschedule a Session contact TRANSFORMATION TO THE CORE customer support during business hours at:

info@transformationtothecore.com (Re:Cancellation)

Phone or Text:     (727) 307-1725  

Business hours:   Monday – Friday – 9:30  AM EST – 8 PM EST

                               Sat and Sun – 12 PM EST – 9 PM EST

                               Closed on Holidays

If in the sole discretion of the TRANSFORMATION TO THE CORE hypnotherapist the TRANSFORMATION TO THE CORE Client arrives at a scheduled Session, under the influence of drugs or alcohol, or if during the Session in the sole discretion of the TRANSFORMATION TO THE CORE the TRANSFORMATION TO THE CORE Client engages in the use of alcohol or drugs, or acts in a derogatory, disrespectful, disruptive or otherwise inappropriate manner, the TRANSFORMATION TO THE CORE hypnotherapist shall have the right to end the Session at any time. If the TRANSFORMATION TO THE CORE hypnotherapist ends the Session for any reason stated herein the TRANSFORMATION TO THE CORE Client will be charged for a full session and no refunds or rescheduling of the Session will be allowed.

 

REFUND POLICY

Refunds for completed or started-but-not-finished Sessions are not available. Refunds for unused individually purchased session credits and session credits purchased as part of a multiple session package, subject to the above cancellation policy, will be provided on a prorated basis.  Subject to the above cancellation policy, for multiple session package credits: 1. if no session credits from the package have been used, a full refund will be provided; 2. If one or more, but not all, of the package session credits have been used, a prorated refund may be provided as described below. All refunds must be requested in writing to info@transformationtothecore.com (Re:Refund) and only after all scheduled Sessions have been completed or cancelled in accordance with the above cancellation policy.

Prorated refunds for unused session credits purchased as part of a multiple session package will be calculated based on each completed Session being charged a full session fee. For example, purchasing a 3-session TRANSFORMATION TO THE CORE value package at a discounted price of $450, and requesting a refund after 1 Session, will result in the first Session being charged at the full retail price of $230 (Initial Client Intake), with the prorated refund for unused sessions totaling $220. No refund will be available if the full session fee cost of the utilized sessions surpasses the amount paid for the multiple session package.

 

Digital (including, but not limited to, meditations, audio downloads and digital .pdf downloads) and Physical (including, but not limited to, printed workbooks, guides, books and course resources) Product purchases from https://transformationtothecore.com/ are not eligible for refund or return.

 

UNUSED SESSION EXPIRATION POLICY

All TRANSFORMATION TO THE CORE individual session credits and session credits purchased as part of a multiple session package of 3 must be completed within 180 days from the date of your purchase.  All unused sessions will expire if not used within the above identified usage periods. Expired sessions are non-refundable and cannot be exchanged or extended.

 

PRIVACY

We care about your privacy. Personal Information (as that term is defined in our Privacy Policy) and other forms of data provided to the Company are subject to our Privacy Policy, which is incorporated into this Agreement by reference. By using the Site and/or the Services, you agree to the terms of the Privacy Policy and consent to have your personally identifiable information collected, used, transferred and processed in accordance therewith.

 

ACKNOWLEDGMENT AND AGREEMENT

You acknowledge and agree that Company has the right to monitor and maintain documentation regarding any use of its Site, Services, and/or other systems at any time. Our Privacy Policy sets forth the only expectations of privacy any individual has in regards to his or her use of Company’s Site, Services, or other systems. Unless required by law, Company will never release your individual-level Personal Information to any third party without asking for and receiving your explicit consent to do so. Further, you acknowledge and agree that Company is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or obligations that Company may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, you acknowledge and agree that Company may, in its sole discretion, restrict access to the Site for any reason.

MARKETING

By either providing your cell phone number and email address to TRANSFORMATION TO THE CORE or otherwise consenting to this Agreement, including our Privacy Policy, you are providing prior express written consent to be contacted by or on behalf of TRANSFORMATION TO THE CORE and its affiliated providers. This includes emails to your email address and calls and text/SMS messages to the phone number, including cell or mobile phone number, that you provided to TRANSFORMATION TO THE CORE, including those placed using any kind of automated system for the selection or dialing of telephone numbers or automatic telephone dialing system and the playing of an artificial or recorded message when a connection is completed to a number called, and the transmission of prerecorded and/or artificial voice messages.

 

USER REPRESENTATIONS AND ACKNOWLEDGMENTS

You represent and acknowledge the following:

 

You understand that information you learn from Company’s Services is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health.

 

You understand that the Services are not to be used as a substitute for healthcare services. You acknowledge that Company urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your use of the Services.

 

You represent that you are eighteen (18) years of age or older.

 

You represent you are not a citizen of, or reside in, the states of Connecticut or Washington.

 

If you reside outside the U.S., you confirm that this act is not subject to any ban or restriction in the country in which you reside.

 

You understand that all your Personal Information will be stored in Company databases and will be processed in accordance with the Company Privacy Policy.

 

You agree that you will not write, leave, post or file false or misleading reviews, comments and/or complaints about the Company or the Company’s products or Services on any site including third-party review sites and social media sites.

 

You agree that whenever you interact with the Company by phone, email, social media post or support ticket, including while communicating with the company’s Support representative, you will not use threatening, abusive, demeaning and/or defamatory language. You also agree to not use profanity.

 

You agree that interacting with TRANSFORMATION TO THE CORE and the Siteon any level constitutes your acceptance of this Agreement.

 

You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations.

 

In case of breach of any one of these representations, Company has the right to suspend access to your account or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Company and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

 

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Company account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

 

HYPERLINKS

The Company provides, and third parties may provide, links to other sites and resources on the Internet. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

 

COPYRIGHT INFRINGEMENT

TRANSFORMATION TO THE CORE copyrighted material shall not be resold or uploaded to be shared or redistributed. The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring through the unapproved use of Company copyrighted material or on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations.

Company’s policy is to investigate any allegations of copyright infringement brought to its attention.

NO UNLAWFUL OR INAPPROPRIATE USES OF THE SERVICES

As a condition of your use of the Services, you warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement or Company’s Privacy Policy. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to:

1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive;

2) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3) “stalk” or otherwise harass another;

4) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

5) use any information received through the Services to attempt to identify other customers, to contact other customers, or for any forensic use;

6) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;

7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Company or any other party;

8) harm minors in any way;

9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;

10) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;

11) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

12) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by Company;

13) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Company’s website;

14) attempt to or actually override any security component of Company web services;

15) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

16) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Company; or

17) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law. If you violate the terms of this Section and/or Company has a reasonable ground to suspect that you have violated the terms of this Section, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

 

ALLEGED VIOLATIONS

Company reserves the right to terminate your use of the Service and/or the Site.

 

DISCLAIMER OF WARRANTIES

COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TRANSFORMATION TO THE CORE DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

 

COMPANY MAKES NO WARRANTY THAT

(a) THE SERVICES WILL MEET YOUR REQUIREMENTS;

(b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE;

(c) THE INFORMATION, INCLUDING BUT NOT LIMTED TO INFORMAITON OR RESULTS PROVIDED THROUGH THE SITE, THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;

(d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND

(e) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. COMPANY DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO RELEASE THE COMPANY AND HOLD US HARMLESS FROM ANY AND ALL ALLEGATIONS, CLAIMS AND CAUSES OF ACTION OF ANY KIND OR TYPE ALLEGED TO HAVE RESULTED FROM THE SERVICES OR FROM USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO AND WITHOUT ANY LIMITATION, ANY AND ALL INFORMATION PROVIDED, COMMUNICATED OR OTHERWISE TRANSMITTED DURING A SESSION, ANY AND ALL OPINIONS, ADVICE OR ADVISORY STATEMENTS, SUGGESTIONS, AFFIRMATIVE ACTS, OR OMMISSIONS, OF A SPECIALIST OR THROUGH OTHER CONTENT AVAILABLE ON THE SITE.YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU, YOUR REPRESENTATIVES OR ANY THIRD PARTIES FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OF OR THE INABILITY TO USE THE SERVICES;

(b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE THROUGH OR FROM THE SERVICES EVEN IF SUCH ACTION RESULTS IN HARM TO YOURSELF OR OTHERS,

(c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL,

(d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;

(e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or

(g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY FOR DAMAGES ARISING FROM YOUR ENGAGEMENT WITH THE COMPANY THROUGH THIS AGREEMENT OR OTHERWISE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF TO THE COMPANY IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE ALLEGED CLAIM.

If the applicable law does not allow for the limitation of liability as set forth in this Section, such limitation shall be deemed modified solely to the limited extent necessary to comply with applicable law.

 

INDEMNITY

You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, specialists, hypnotherapists and coaches and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your

(a) USE OF THE SERVICES AND ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE THROUGH OR FROM THE SERVICES,

(b) access to or use of the Site,

(c) violation of this Agreement, or

(d) infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

 

Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

ARBITRATION & CLASS ACTION/JURY TRIAL WAIVER; GOVERNING LAW, JURISDICTION & VENUE

This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law. YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN A COURT OF LAW. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. Pursuant to the agreement to arbitrate all disputes or claims, it is agreed that the Judicial Arbitration and Mediation Service, Inc. (“JAMS”), will have worldwide, exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

The arbitration shall be conducted in accordance with JAMS’ current rules for streamlined arbitration. The venue for such arbitration shall be in Pinellas County, Florida. Notwithstanding any other provision of this Agreement, in the case of a dispute involving a claim for equitable relief, a court with equitable jurisdiction may grant temporary restraining orders and preliminary injunctions to preserve the status quo existing before the events that are the subject of the dispute. Any final equitable or other relief shall be ordered in the arbitration proceeding. Each Party shall pay an equal share of the fees and expenses of any arbitrator and any administrative fees of the arbitration company. Each Party shall the fees of expenses of its own attorney(s) and witnesses.

CLASS ACTION WAIVER: There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against the Company and may not preside over any kind of representative or class proceeding against the Company. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

If this arbitration provision is found to be null and void, then all disputes arising under this Agreement will be subject to the jurisdiction of the state and federal courts located in Pinellas County, Florida, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and we agree that if for any reason a dispute proceeds in court rather than arbitration:

(1) you and we waive any right to a jury trial;

(2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor we may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding related to this Agreement or your interactions with the Company.

 

SEVERABILITY; WAIVER; ENTIRE AGREEMENT; SURVIVAL

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement constitutes the entire agreement between you and us and you confirm and warrant that you have not relied upon any representations or promises by the Company other than those as set forth herein. Terms which, by their nature, must remain in effect beyond the termination or expiration of this Agreement shall also survive.

NO LICENSE

Nothing contained on the Site or in the course of provision of the Services should be understood as granting you a license to use any of the trademarks, service marks, logos, or other intellectual property owned by Company or by any third party.

 

MODIFICATIONS

TRANSFORMATION TO THE CORE may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

 

ASSIGNMENT

You may not assign or delegate any rights or obligations under this Agreement, the Privacy Policy, or any applicable Consent Agreements (collectively, “Agreements”). Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreements, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Company for any third party that assumes our rights and obligations under these Agreements.

 

NOTICE

Notices to you may be made via either email or regular mail. Company may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on or through the Services. Notices to Company must be emailed to info@transformationtothecore.com or (b) sent certified mail to the following address:

To The Core Consulting LLC/ Kristin Schleicher

1381 Curlew Rd., Dunedin, FL 34698.

 

SUPPORT CONTACT

Email: info@transformationtothecore.com (Re: Support)

Phone: +1(727) 307-1725

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