Terms of Use for Business Coaching & Consulting Services
Goldie Coaching LLC
Your use of this website, www.kylegoldie.com (“my website”), and the services I provide to you are governed by the terms and conditions detailed below (the “Agreement”). This website and all of the content included on the website and in any information, products, or services I provide to you are owned by Goldie Coaching LLC (“Kyle," "Goldie,” “I,” “my,” “me”).
By using my website or hiring me to provide my services to you, you agree to be bound by the terms in this Agreement. If you have any questions or concerns regarding any of the terms above, please contact me at [email protected].
1. Scope of Services
Subject to the terms and conditions of this Agreement, I provide the following services to clients (A) online teaching courses, (B) webinars, (C) downloadable products, and (C) other general information and resources related to starting and growing a successful business. These products and services are collectively referred to in this Agreement as the “Services.” We may add and subtract the products and services we offer in the future, and any additional products or services we offer will be subject to the terms and conditions in this Agreement.
2. Fees; Refunds
The details surrounding our fees are provided to you when you purchase any of our Services. Due to the unique and individualized nature of the Services I provide, I will not offer a money-back guarantee or refunds of any kind.
3. Internet and Communication
Both parties agree that video and phone call sessions may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet and other electronic communications. I am not responsible for delays, failures, or other damages that result from such problems. In the event that you are not able to access any of the Services, I will contact you directly and attempt to deliver the Services directly to you via e-mail or other electronic format.
4. Non-disclosure
4.1. While making use of the Services under this Agreement, you will have access to information related to my experience and proprietary intellectual property that is not generally known to the public and that I treat as confidential, whether or not in written form. “Confidential Information” means all confidential or proprietary information disclosed orally or in writing by me to you that is identified as confidential at the time of disclosure or whose confidential nature is reasonably apparent. You agree that you will not, directly or indirectly, disclose, furnish, or otherwise make available any Confidential Information to any other person or entity or use any Confidential Information for any purpose other than growing your business. Specifically, you agree not to use Confidential Information to create, manage, operate, or control any photography coaching and consulting business which performs services materially similar to or competitive to those provided by me under this Agreement.
You understand that these restrictions on use of Confidential Information will survive termination of this Agreement, and that you are obligated to keep Confidential Information confidential for as long as it is not in the public domain.
5. Privacy Policies
In order to use the Services, you will need to input certain information to create a user account, including, your name, email address, phone number, and any other content that you voluntarily submit or that we require you to input to set up your account (“User Data”). You are solely responsible for your User Data. You assume all risks associated with use of your User Data, including any reliance of its accuracy or completeness. User Data may include third party content, and you agree not to submit third party content unless you have the consent of the applicable third-party owner of the content. Because you are solely responsible for your User Data, we make no guarantees regarding the accuracy, currency, or quality of any User Data.
5.1. Personal Information from Minors
We do not offer the Services to, or target, people under the age of 13. In compliance with the Children’s Online Privacy Protection Act, we will remove any information we receive from people we believe to be under the age of 13 from the website and cancel any corresponding accounts.
5.2. Use of User Data
I use User Data to create your account, communicate with you about the Services, offer additional products and services, bill for Services, and to the extent necessary to enforce this Agreement and to prevent imminent harm to people or property.
5.3. Cookies
The website uses “cookies” to collect certain information from all users, including website visitors who do not use Services or purchase anything. A cookie is a string of data that the website sends to your computer and then uses to identify your computer when you return to the website. I use this information to better engage with users and enhance their overall experience.
5.4.Disclosure of User Data
I take reasonable steps to protect User Data against unauthorized access or release. I may share User Data (A) with third party service providers; (B) if another company acquires my company, business, or assets, with such acquiring company; and as required by law and when I believe disclosure is reasonably necessary to comply with a judicial proceeding, court order, or legal process served on me, to protect my rights and the rights of other users, or to enforce or apply this Agreement. Other than as detailed above, I will provide reasonable notice to you when your User Data might go to third parties, and you will have an opportunity to choose not to share User Data.
5.5. Reviews and Updates to Security Measures
I take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of User Data. I do internal reviews of my data collection, storage, processing practices, and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to the systems where I store User Data.
5.6. Payment Information
When you purchase Services, your payment information is processed, stored, and kept secure by a third-party credit card processing service, Stripe. Your credit card information will be stored by Stripe in their restricted-access database. However, no method of transmission over the Internet, or electronic storage is 100% secure, and I cannot guarantee its absolute security. I assume no responsibility or liability for damages resulting from Stripe’s processing, storage, or other use of your payment information or any User Data.
5.7. Security Breach
If User Data is compromised as a result of a security breach, I will promptly notify you that your personal information may have been compromised via email, by posting a notice on the website, or as otherwise required by applicable law.
5.8. Third Party Advertisers and Linked Sites
I may make third party applications, including add-ons to the Services, available for you to use. The information I collect when you enable a third party application is processed under this Agreement. Information collected outside of the website by a third party application provider is governed by the third party’s privacy policies. My website may contain links to and from other sites operated and maintained by third parties. I have no responsibility for linked websites, and I provide these links solely for your convenience and information.
5.9. Assignment of Rights
In the event of an assignment, sale, or other transfer of some or all of our assets, you agree I can assign, sell, license, or transfer any information that you have provided to me. However, any purchasing party is prohibited from using the User Data in a manner that is materially inconsistent with this Agreement without your prior consent.
6. Resale of Products or Services Prohibited
You agree that you have no right to and you will not reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes any portion of my website or the Services or products I provide to you.
7. Restrictions on Use of Website
7.1. Personal Use Only
You may not build a business, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of my website.
7.2. Interference with Intellectual Property or Advertising
You may not remove, alter, interfere with, or circumvent any (a) copyright, trademark, or other proprietary notices on my website, or (b) any advertisement on my website.
7.3. Copying
You may not reproduce, distribute, or modify any content provided by my website without my express consent.
7.4. Mining
You may not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to mine or aggregate data from my website.
7.5. Denial of Service Attacks
You may not take any action that may impose an unreasonable burden or load on my website or its servers and infrastructures.
8. Inappropriate Content
You agree not to upload, download, display, perform, transmit, or otherwise distribute on my website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, (b) advocates or encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. I reserve the right to terminate your distribution of any such material, and, to delete any such material from my website. I intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
9. Unacceptable Conduct
You are prohibited from violating or attempting to violate any security features of my website, including, without limitation:
9.1. Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
9.2. Attempting to probe, scan, or test the vulnerability of my website, or any associated system or network, or to breach security or authentication measures without proper authorization;
9.3. Interfering or attempting to interfere with the Services to any user, host, or network, including, without limitation, by means of submitting a virus to my website, overloading, flooding, spamming, mail bombing, or crashing my website;
9.4. Using my website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
9.5. Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using my website; or
9.6. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to any form any of the source code used by me to provide and maintain my website.
Any violation of system or network security may subject you to civil liability, criminal liability, or both.
10. Ownership of Intellectual Property; Limited License to Use
I exclusively own all right, title, and interest to, including, without limitation, trademarks, patents, copyrights, and other proprietary rights, in and to all tangible or intangible properties (including, without limitation, concepts, ideas, designs, methodologies, techniques, software, technology, text, artwork, and other information included on my website or in my coaching materials) that I disclose to you in performing the Services under this Agreement.
I grant to you a limited, non-exclusive license to use the intellectual property I share with you for the limited purpose of growing your business, including the right to use the information to develop processes and methods for your business. Nothing in this limited license is intended to provide you with any ownership or rights to the intellectual property other than as expressly detailed in the previous sentence. Further, you have no right to use my trademarks without my express written consent.
If you post or upload any content to my website (“User Content”), you acknowledge and agree that you are granting Goldie Coaching LLC a worldwide, royalty-fee, perpetual, irrevocable, sub-licensable, non-exclusive right to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute in any manner and any media. You represent and warrant that you own such content or have sufficient rights in the content to grant to Goldie Coaching LLC the license detailed above without infringing or violating any third party rights. Further, you acknowledge and agree that Goldie Coaching LLC may retain any and all revenue generated from any sales, licenses, assignments, and other transfers of the rights assigned by you under this license.
11. Access to Website
My website is only for use by users who are over the age of 13 and reside in the United States, its territories and possessions (the “U.S.”) or users that are outside the U.S. that consent to use my website according to U.S. laws and under the terms of this Agreement. By using the Website, you acknowledge that you meet these eligibility and residency requirements.
12. Waiver and Indemnification
You retain responsibility for the implementation of my advice and techniques. You agree that I am not liable for any damages arising from your implementation of my advice or the failure to pursue alternative options. You agree to defend and indemnify me from all claims relating to the implementation of my advice.
13. Disclaimer
Nothing contained in this Agreement will be construed as a warranty or guarantee that the information I present to you through my website or online courses will achieve any specific results, or that any particular advice or services will result in any commercial value or gain for you. I will do what I can to ensure the information on my website and in my online courses is accurate, but I cannot guarantee that the information is without error or inaccuracy. You agree that I am not responsible for any errors or inaccuracies in the information I present to you, and I will not be liable for your reliance of such information.
The content on my website and the Services are provided “as is” and as available, and I disclaim all warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights, to the fullest extent permitted by applicable law. Without limiting the general nature of the previous sentence, (a) I have no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; (b) although I do my best to keep the my website up and running, I do not warrant that my website will perform without error or immaterial interruption; (c) although I do my best to keep my website free of any viruses or other harmful components, I cannot make any guarantees, thus I do not warrant that my website will be free of viruses or other harmful components.
13.1. For Educational and Informational Purposes Only
All information as part of the course, downloadable info products, etc. are purely meant for educational and informational purposes only. The information, opinions, and advice are meant as a self-help tool only, for your own use. There are no guarantees of any particular result.
13.2. Personal Responsibility
You agree that you are participating with Goldie Coaching LLC voluntarily and that you are solely responsible for your actions and results from the information you learn, both now and in the future. You agree to use your own judgement and perform your own due diligence before acting on any piece of advice or opinion either by Kyle Goldie/Goldie Coaching LLC, support staff, affiliates, guest speakers/hosts, or community members. You acknowledge that you are to use your own judgement to do your own independent research after learning the information here prior to your implementation.
13.3. No Guarantees
It is my goal to provide you with the best knowledge, advice, and recommendations so that you can grow and expand your business. I want you to hit your goals. You agree that I cannot predict nor guarantee any particular result. All results are independent and may greatly differ between one person and another. There are no guaranteed results - either written or implied.
13.4. Testimonials
All testimonials/reviews present are of real people I have coached who have experienced real results. Their personal results are not guaranteed for you, as every person is different. The testimonials are meant as an illustrative example over what is possible.
13.4. Affiliates
Some links, blog posts, products, people, companies, etc that I may speak of may be affiliates, partners, or other entities of which align with my brand. There may be some products or services that I recommend that I receive commission from, but I only promote other products and services that I truly respect and truly believe in. My personal results from these products & services may not give you the same result, therefore I cannot guarantee those respective results. You assume all risks and that I am not liable for any product or service that I may promote, market, advertise, sell, or share through my Website or any other medium.
14. Limitation of Liability
You agree that in no event will my liability arising out of or related to this Agreement exceed the amount you paid us for the Services. In no event will I be liable for any consequential, indirect, special, incidental, or punitive damages. Further, I am not liable or otherwise responsible for any damages resulting from your reliance on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any third party whose advertising appears on my website or is referred by my website.
If applicable law limits the application of any part of this section, my liability will be limited to the maximum extent permissible.
15. Nature of Information
The information I provide to you is for educational purposes, and is intended to be used as a resource by you. The information on my website and in my online courses is not intended to provide you with legal or financial advice related to your business, and should not be considered a substitute for seeking professional legal or financial advice for your business. You acknowledge that the information I provide you is not legal or financial advice.
16. Your Responsibility to Use Information at Your Discretion
You agree that you are using your own judgment in using my website and are doing so at your own risk. You agree and understand that you assume all risks and I do not guarantee any results in any way related to the information on my website or the Services. I am providing information to you merely to provide you with resources to help you make decisions for yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse, or non-use of the information I provide to you through my website or the Services.
17. Choice of Law & Jurisdiction
This Agreement will be governed solely by the laws of the State of Washington, without reference to any principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts in King County, Washington.
18. Assignment
Your rights under this Agreement may not be assigned or transferred without our express written consent. The username and password you create in connection with the Services is unique to you, and you agree not to share, disclose, or otherwise make available your username and password to others.
19. Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (A) the provision will be interpreted or reformed to the extent reasonably required to render the provision enforceable and consistent with the original intent underlying the provision; (B) the provision will remain in effect to the extent that it is not unenforceable; and (C) the unenforceability of the provision will not affect any other portion of this Agreement.
20. Modification
We may amend this Agreement from time to time, and we will provide notice to you of the changes by email, by posting the updated terms to the website, or as otherwise required by law.
21. No Waiver
The failure by either party to enforce any of the provisions of this Agreement, or to exercise any option provided in this Agreement, will in no way be construed as a waiver of the provisions or options.
22. Entire Agreement
This Agreement, constitutes the entire agreement between the parties relating to your use of my website and the Services, and supersedes all prior agreements between the parties relating to the subject matter of this Agreement.
By clicking “I agree,” you acknowledge that you have read, understand, and agree to be bound by the terms included in this Agreement.