The term ‘Diane Forster, Inc.’ or ‘us’ or ‘our’ or ‘we’ refers to Diane Forster, Inc., the owner of the website. The term ‘you’ or ‘your’ refers to the website user
Your use of this website is subject to the following terms and conditions:
· The content of this website is for your general information and use only. It is subject to change without prior notice.
· Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
· This website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no liability for, the content, privacy policies or practices of any third-party websites or services. By agreeing to these terms and conditions, you further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use or reliance on any such third-party content, goods or services.
· Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
· This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
· All trademarks reproduced on this website, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorized use of this website may be a criminal offense and/or give rise to a claim for damages.
· This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
· Your use of this website and any dispute arising out of your use of it is subject to the laws of California, USA.
· You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
· These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
· You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
· In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
· Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Terms & Conditions of Purchase
By purchasing any of the products and services for sale on this website, you agree to the following terms and conditions. When you purchase any template, ebook, course or other digital product from us, you are granted a single non-exclusive, revocable, royalty free, worldwide license to the product you have purchased. Due to the nature of digital products, we will not offer a refund, therefore the onus is on you to read the product page thoroughly. We reserve the right to change any pricing without prior notice.
In connection with your participation in this program, Company shall provide training for The Program. 2.Terms.
By completing and signing the application below, you authorize the Company to charge your credit card or debit card, or cash your check, as indicated above, as payment for Program Services in the full amount of the applicable fee. Furthermore, you agree that if you are accepted into the Program, you are responsible for full payment of fees for the entire course of the Coaching Program, regardless of whether or not you actually attend or choose not to attend the Coaching Call Sessions, and regardless or not of whether you selected a lump sum payment or monthly payment plan.
To further clarify, no refunds will be issued and all monthly payments must be made on a timely basis. If a monthly payment becomes more than 7 days late, the entire balance becomes due and payable immediately at day 8. This is not an installment contract. Client agrees that all funds paid to Company by credit card are good-faith funds and are non-cancelable. Client agrees never to issue a “chargeback” to Company’s account at any time for any fees paid to Company by Client.
We are committed to providing all Program participants with a positive coaching experience. By checking the box, you agree that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate your participation in the Coaching without refund or forgiveness of remaining monthly payments if you become disruptive or
difficult to work with, if you fail to follow simple instructions given on the coaching calls, or if you impair the participation of the Coach in the Coaching Program or Online Groups.
By checking the box, you agree that if you miss any scheduled Coaching Calls, you have access to all recordings during the Commitment Period. It is important to note that your benefits MUST be used during the Commitment Period.
We respect your privacy and insist you must respect the privacy of fellow participants in the Coaching Program. By signing below, you agree to not violate the publicity or privacy rights of any Program participant. We respect your confidential and proprietary information ideas, plans, and trade secrets (collectively “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company. By signing below you agree (a) not to infringe any Program participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (b) that any Confidential Information shared by the Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company, (c) that you agree not to disclose such information to any other person or use it in any other manner other than discussion with other Program participants during Program sessions, (d) that all information and material provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company, and (e) that the reproduction, distribution, and sale of these materials by anyone but the Company is strictly prohibited. Further, by signing below, you agree that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
We have made every effort to accurately represent the Program and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve same or similar results. Each individual’s success depends on many different factors, including his or her background, dedication, desire, and motivation. By signing below, you acknowledge as with any business endeavor there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result of your participation in the Program. By signing below, you acknowledge that you have represented to the Company that payment of your Program fees will not place a significant financial burden on you or your family. The Program coach or coaches are not qualified to provide legal, tax, accounting or financial advice, and the information provided to you by the Program instructors is not intended as such. You should refer all legal, tax, accounting and financially related inquires to appropriately qualified professionals. Neither Diane Forster, Inc., nor Diane Forster or her associates shall be liable for any loss or damage caused by Client’s reliance on any of the advice, opinions, statements or other Services provided hereunder, and instead, Client expressly agrees to waive and release Diane Forster, Inc., or Diane Forster from and against any and all claims, liabilities, damages, judgments, costs and expenses relating directly or indirectly to the Services provided hereunder. Client shall defend, indemnify and hold harmless Diane Forster, Inc., or Diane Forster and their respective managers, members, partners, employees and clients (the “Indemnified Parties”), from and against all third party claims, liabilities, suits, losses, damages and expenses, including costs
and reasonable attorney's fees (collectively, “Claims”), asserted against or incurred by the Indemnified Parties, relating directly or indirectly to the relationship of the Parties under this Agreement and/or the delivery of Services hereunder.
5. EXCEPT FOR A CLAIM OF INDEMNIFICATION PURSUANT TO THE PRECEDING PARAGRAPH, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY PUNITIVE DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIANE FORSTER, INC. DBA DIANE FORSTER UNDER ANY THEORY (INCLUDING FOR COSTS AND EXPENSES), EVER EXCEED THE TOTAL AMOUNT OF THE COACHING FEE PAID TO DATE AS OF A DATE CERTAIN.
If a dispute or difference of any kind whatsoever (a “Dispute”) arises between the Parties in connection with, relating to or arising out of this Agreement, including the interpretation, performance, non-performance, or termination hereof, the parties shall attempt to settle such Dispute in the first instance by mutual discussions. If such Dispute has not been resolved within thirty (30) days by mutual discussions, the Parties shall endeavor to settle the Dispute by mediation using the services of the Mediation Program of the American Arbitration Association, the California Association of Professional
Mediators or any other national mediation organization jointly agreed upon by the Parties prior to any recourse to arbitration pursuant to the following paragraph. If such Dispute cannot be settled within ninety (90) days after submission to mediation (the “Mediation Period”), such Dispute shall be submitted to the American Arbitration Association for determination before a single arbitrator in accordance with its commercial arbitration rules. Subject to the limitations regarding maximum amount of liability set forth herein, the costs of the arbitration shall be borne equally by the parties unless the arbitrator determines that one party pursued the Dispute in bad faith or for dilatory reasons. The award rendered in any arbitration commenced hereunder shall be provided in a reasoned written decision consistent with the law applicable to such Dispute. The award shall be final and conclusive and judgment thereon may be entered in any court having jurisdiction for its enforcement. Neither party may appeal to any court from the arbitration decision except for bias, conflict of interest or manifest disregard of the law.
Neither party shall assign this Agreement without the written consent of the other, and upon such unpermitted assignment this Agreement shall be deemed null and void.
7. Governing Law; Jurisdiction and Venue.
This Agreement and performance hereunder shall be governed by the laws of the State of California. Sole venue and jurisdiction for any proceedings under this agreement shall be in the state and federal courts located in San Diego County, CA, United States.
8. Force Majeure.
Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to matters beyond their control, including, but not limited to, strike, fire, flood, or other natural disaster, war embargo, or riot, provided that the party so delayed immediately notifies the other party of such delay. The terms of this Clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations under this Agreement, until as soon as practicable after a force majeure condition ceases to exist.
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, registered, or certified mail, return receipt requested at the address stated below for Client, and for the Company, Diane Forster, Inc. 153 S. Sierra Avenue #1418, Solana Beach, CA 92075, Attn: Ms. Diane Forster. Facsimile or electronic signatures shall be deemed equivalent to original signatures for purposes of this Agreement.
10. Severability; Entire Agreement.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement.