THE BE UNSTOPPABLE PROGRAM TERMS OF SERVICE AGREEMENT

This is a Terms of Service Agreement (“Agreement”) between Rosey Hwang as (“Company”, “we”, “us” or “Coach”) and Coaching Client (“Participant”, “You” or “Client”). By purchasing the Be Unstoppable (“Program”), you agree to the following terms and conditions:

1. Participant Requirements

You represent and warrant that you are at least eighteen years old and have the requisite authority to enter into this Agreement.

2. Conditions of Program Access

You may be required to provide information about yourself including your name, email address, and other personal information. You agree that any such information you provide will always be accurate, correct and up to date.

Only the customer on record with the Company may access the Program. You agree that the Program, including any usernames or passwords, will only be used by you as permitted herein and must not be sold or distributed without the Company’s express written consent.

Access may be revoked for failure to abide by this Agreement or for failure to make full and/or timely payments to the Company.

Description of Coaching in the Be Unstoppable Program: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. 

3. Coach-Client Relationship 

Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. 

Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time. 

Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility. 

Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the Canadian Psychological Association and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach. 

The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is confidential. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. 

4. Payment

There are three available payment options:

Full payment: One-time payment of $1697; or

Payment Plan: Six monthly payments of $297

Extended Payment Plan: Twelve monthly payments of $148.50

You authorize Company to automatically charge the credit card on file for any and all Program balances owed. You agree to keep your payment and credit card information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may revoke your access to the Program.

5. Refund Policy

The Be Unstoppable program is non-refundable. 

6. Disclaimer of Earnings and Results

By purchasing the Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, or audience growth of any kind. The Company does not guarantee that you will get any results, earnings, or specific outcomes by using any of our ideas, tools, strategies or recommendations, or anything else accessed through the Program.

7. Errors, Inaccuracies and Omissions

Information provided about or in the Program is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.

8. Refusal of Service

We reserve the right to refuse access to the Program to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

9. Rules on Participant Conduct

You shall not post or transmit through the Program any material which violate or infringe the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You may use the Program only for lawful and legitimate purposes. 

10. Third-Party Disclaimer

The Program or Materials may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

11. Our Intellectual Property

You agree that the Program and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Program or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Program or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights. 

12. Limited License Grant

Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Program and Materials.

13. Limited Liability

Company will NOT be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer actually paid to the Company for the Program.

14. Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Agreement, or any use by you of the Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

15) Dispute Resolution 

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

16.Applicable Law 

This Agreement shall be governed and construed in accordance with the laws of the Province of Alberta, without giving effect to any conflicts of laws provisions.

17. Recovery of Litigation Expenses

If any legal action, arbitration, or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation related or arising from this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

18. Entire Agreement

This Agreement constitutes the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us.

19. Effect of Waiver

No waiver of any of the provisions of this Agreement by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.

20. Amendments

We reserve the right to update our Agreement at any time. Such amendments are effective upon posting on the website. Access or use of the Program by you after an amendment constitutes acceptance of amendments.

21. Assignment

This Agreement does NOT confer any rights, remedies, obligations, or liabilities upon any person or entity, including representatives, not a party to this Agreement. Program benefits and access are NOT assignable, transferrable, substitutable or delegable. Any unauthorized assignment, transfer, substitution, or delegation is void.

22. Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

23. Effect of Headings

The subject headings of the paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

24. Customer Support

Email support is available at rosey@roseyhwang.com

25. Customer Feedback

With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Product related forums, calls, video calls, or otherwise, for the purposes of marketing or promoting the Program.

UPDATED: August 9, 2020