LEGAL
*Last updated 9/11/2021
Please read this Terms and Conditions carefully before using this Website.
Acceptance of the Terms & Conditions
These terms & conditions are entered into by and between You and Smart Coach, LLC (“Company“, “we” or “us“). The following terms and conditions, together with any documents they expressly incorporated by reference (collectively, these “Terms & Conditions“), govern your access to and use of www.smartcoach.com, or rossjohnson.mykajabi.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. By using the Website, you accept and agree to be bound and abide by these Terms & conditions, our privacy policy (the “Privacy Policy”), and our earnings disclaimer (the “Disclaimer”) all of which can be found in the Website footer and are incorporated herein by reference. If you do not want to agree to or accept these Terms & conditions, the Privacy Policy, or the Earnings Disclaimer, you must not access or use the Website.
The Website is only offered and available to users who are 18 or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & conditions, and to abide by and comply with these Terms & conditions. If you do not meet all of the foregoing requirements, you must not access or use any Website.
Changes to the Terms & Conditions
We may revise and update these Terms & conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms & conditions means that you accept and agree to the changes. We encourage and expect you to consult the Terms & conditions each time you access the Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for (a) making all arrangements necessary for you to have access to the Website and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms & conditions and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & conditions.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this Section is strictly prohibited without the express, written permission of Company. For information on requesting such permission, contact us at support@smartcoach.com.
These Terms & conditions permit you to use the Website for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & conditions is a breach of these Terms & conditions and may violate copyright, trademark and other laws.
Digital Millennium Copyright Act, Copyright Infringement; Notice and Take Down Procedure
Smart Coach, LLC specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Smart Coach, LLC will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (hereinafter the “DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
Smart Coach, LLC
9393 N 90th Street
Suite 102 #4
Scottsdale, AZ 85258
support@smartcoach.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms & conditions. You agree not to use the Website (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms & conditions; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to impersonate or attempt to impersonate the Company, a Company employee or manager, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms & conditions.
Any User Contribution you post to the Website will be non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
Without limiting the foregoing, you agree and understand that other individual members of the membership program(s) available on the Website may see the information that you post on any applicable Website membership area. For this reason, you agree that you shall not post any information on the Website that you do not want others to see. You agree that anything you post in the applicable membership area of the Website is at your own risk, and you further agree to hold Company harmless from any and all damage that could occur to you from any information that you post. For additional details, please see our Privacy Policy.
You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns; and (b) all of your User Contributions do and will comply with these Terms & conditions. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & conditions, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & conditions.
To the extent you are involved in a membership program on the Website, either you or the Company can cancel your participation in any of our membership programs at any time and for any reason. Except for refunds pursuant to any specified refund periods in any payment terms entered into between you and the Company, no refunds for previous months of membership will be given in the event you or Company terminates your membership in the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We cannot and/or do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & conditions and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization’ (i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (j) contain any occult, hateful, or racist material; or (k) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. To the extent it is questionable whether User Contributions violate the Content Standards, the Company reserves the right to make the final decision regarding whether a violation has occurred and reserves the right to terminate any user’s access to the Website without prior notice for a violation of this provision.
Further requirements regarding the conduct that is expected of all users of the Website may also be found via posts from the Company on the Website, and you agree to comply with such requirements.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy, which is incorporated herein by reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Terms of Sale
All purchases made on the Website are subject to this Section (the “Terms of Sale”). By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.
By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
In the event of any inconsistency between these Terms of Sale and our Website Terms & conditions, Earnings Disclaimer, and/or Privacy Policy, the provisions of these Terms of Sale will control.
Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information and details of the items you have ordered.
Prices and Payment Terms.
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services (as noted in the Section entitled “Sale of Subscription Services” below), price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if applicable) will be added to your purchase total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Website before our acceptance of an order. If using a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Website at the time of your order.
Sale of Goods.
The Website may from time to time offer the sale of tangible products (“goods”) to you. We will arrange for shipment of goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are a reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Refund Policy.
Unless a refund policy is posted on the Website at the time of your purchase, the sale of all products, services or tickets to an event are final and non-refundable. However, to the extent a refund policy is posted on the Website at the time of your purchase, we will accept a refund pursuant to such refund policy. To request a refund, you must email us at support@smartcoach.com. Your refund will be credited back to the same payment method used to make the original purchase on the Website.
Sale of Subscription/Membership Services.
The Website may from time to time offer optional subscription services (or subscription membership programs) for specific users (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Website. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on the Website at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled in writing (by email to support@smartcoach.com) at least thirty (30) days prior to your next recurring payment in order to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable unless expressly stated otherwise on the Website.
If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services.
You agree to submit any disputes regarding any charge to your account in writing (at the email address above) to us within sixty (60) days after such charge, otherwise such dispute is waived by you and such charge will be final and not subject to challenge.
Warranty and Disclaimers Relating to Purchases
OUR COMPANY MAKES NO GUARANTEE THAT IT WILL ACCOMPLISH ANY PARTICULAR RESULT FOR YOU OR YOUR BUSINESS, AND THE COMPANY WILL NOT GUARANTEE THE DELIVERY OR PERFORMANCE OF ANY DELIVERABLES OR SERVICES EXCEPT AS IS EXPRESSLY AGREED UPON IN WRITING.
ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, YOU MAY FROM TIME TO TIME VIEW INSTRUCTIONAL MATERIALS AND VIDEOS THROUGH THE WEBSITE. YOU UNDERSTAND THAT EVERY PERSON’S SITUATION IS DIFFERENT, AND THAT THE COMPANY AND ITS REPRESENTATIVES ARE NOT ABLE TO DETERMINE WHETHER ITS INSTRUCTIONAL MATERIALS ARE APPROPRIATE FOR YOU. NEITHER THE COMPANY NOR ANY PRESENTER OF SUCH INSTRUCTIONAL MATERIALS OR INFORMATION MAKES ANY CLAIM, GUARANTEE, OR WARRANTY THAT THEIR INFORMATION OR PROGRAMS ARE EFFECTIVE OR APPROPRIATE IN ANY CERTAIN SITUATION. THE WEBSITE VIDEOS AND MATERIALS ARE PROVIDED FOR LEARNING PURPOSES, BUT ANY PERSON ATTEMPTING TO UTILIZE SUCH INFORMATION AND PROGRAMS MUST RELY UPON HIS/HER OWN JUDGMENT IN DETERMINING WHETHER, HOW, AND IN WHAT SITUATIONS TO UTILIZE THE INFORMATION AND PROGRAMS ON THE WEBSITE. BECAUSE EVERY PERSON IS UNIQUE, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY (AND THE PRESENTER OF ANY INFORMATION ON THE WEBSITE) THAT RELATE IN ANY WAY TO THE INSTRUCTIONAL MATERIALS, VIDEOS, AND OTHER PROGRAMS AND INFORMATION PRESENTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR NEGLIGENCE, GROSS NEGLIGENCE, FRAUD, OR MISREPRESENTATION.
YOU FURTHER AGREE TO THE TERMS OF OUR EARNINGS DISCLAIMER WITH RESPECT TO YOUR PURCHASES ON THE WEBSITE.
We do not manufacture or control any third-party products or third-party services offered on our Website. The availability of third-party products or services through our Website does not indicate an affiliation with or endorsement of any product, service, manufacturer, or service-provider or business. Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our Website.
Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE OR THE SALE OF PRODUCTS AND SERVICES TO YOU, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER RELATED TO OUR PRODUCTS AND/OR SERVICES, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to (a) link from your own or certain third-party websites to certain content on the Website; (b) send e-mails or other communications with certain content, or links to certain content, on the Website; or (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Website other than the homepage; (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms & conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owners of the Website are based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT ACTING AS A FINANCIAL OR LEGAL ADVISOR AND DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT FROM USING THE WEBSITE OR FROM PARTICIPATING IN THE COMPANY’S MEMBERSHIP PROGRAMS LOCATED ON ITS WEBSITES. PLEASE SEE OUR COMPLETE EARNINGS DISCLAIMER, ACCESSIBLE IN THE FOOTER OF OUR WEBSITE, FOR ADDITIONAL DETAILS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE MEMBERSHIP PROGRAMS AVAILABLE THROUGH THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms & conditions or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms & conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding commenced by you and arising out of, or related to, these Terms & conditions or the Website shall be instituted exclusively in the state or federal district courts located in Palm Beach County, Florida. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms & conditions in Palm Beach County, Florida or in your county of residence (if in the United States) or any permissible venue (if outside the United States). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms & conditions or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms & conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & conditions will continue in full force and effect.
Entire Agreement
The Terms & conditions and the other documents specifically incorporated herein constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Neither you nor Company are relying on any representation not contained herein (or in the other documents specifically incorporated herein).
Contacting Us
If you need to contact us, please email us at support@smartcoach.com.
TERMS + CONDITIONS
PRIVACY POLICY
EARNINGS DISCLAIMER
Privacy Policy
*Last updated 9/11/2021
Introduction
Smart Coach, LLC (“Company” or “We”) respects your privacy and is committed to protecting it through its compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit www.smartcoach.com (the “Website”), and/or any content, functionality and services offered on or through the Website, whether as a guest or a registered user), and our practices for collecting, using, maintaining, protecting and disclosing that information.
This Privacy Policy applies to information we collect on the Website or in e-mail, text and other electronic messages between you and this Website. It does not apply to information collected by (a) us offline or through any other means, including on any other website operated by Company or any third party; or (b) any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully, before using the Website or submitting any personal information, to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our Website. By accessing or using the Website, you agree and consent to this Privacy Policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Information is Provided Solely for Informational Purposes
All materials on our website (hereinafter “Materials”) are provided solely for informational purposes. The Materials are not intended to constitute any advice. Your viewing or use of the materials shall in no way create any relationship with Smart Coach, LLC or any of our partners, associates or affiliates.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card information (if voluntarily submitted by our visitors), or any other identifier by which you may be contacted online or offline (“personal information“); or (b) about your internet connection, the equipment you use to access our Website and usage details. We collect this information: (a) directly from you when you provide it to us, or (b) automatically as you navigate through the Website (which may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies); and (c) from third parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through our Website may include (a) information that you provide by filling in forms on our Website, including information provided at the time of registering to use our Website, reporting problems with our Website, subscribing to our service, posting material, or requesting further services; (b) records and copies of your correspondence (including e-mail addresses), if you contact us; (c) your responses to surveys that we might ask you to complete for research purposes; (d) details of transactions you carry out through our Website and of the fulfilment of your orders, including financial information you may be required to provide before placing an order through our Website; and (e) your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
In summary, personally identifiable information may include, but is not limited to:
First name and last name
Email address
Phone number
Business name
Website URL
Address, State, Province, ZIP/Postal code, City
Any personal information you post on our website
Any personal information you post on our website
Data about how you use our website
Technical data such as your IP address, your login data, details about your browser, time zone settings and other technology on the device you use to access our website
Your marketing and communication preferences
Any information that you directly provide to us whether through our contact form, survey, over the phone, by email or otherwise
Photographs of you at events
Cookies and Usage Data
Security
We take commercially reasonable steps to protect the personal identifiable information you provide to us from misuse, disclosure or unauthorized access. We only share personal identifiable information with trusted third parties who use the same level of care in processing your personal identifiable information. That being said, due to the nature of the internet and developing technologies, we cannot, however, provide assurances as to the security of your information, and we disclaim any such obligations. Should there be a data breach of which we are aware, we will notify you immediately.
Information We Collect Through Automatic Data Collection Technologies
We also may collect various types of non-personally identifiable information to help us make your experience more enjoyable, measure site activity to identify future improvements that should be made and compile aggregate data to help serve site visitors better.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including (a) details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website, or (b) information about your computer and internet connection, including your IP address, operating system and browser type. We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services. Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Website according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to our Website.
The technologies we use for this automatic data collection may include cookies, flash cookies, and/or web beacons, described below:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website, allowing us to enhance your user experience.
Flash Cookies. Certain features of our Website may use locally stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Emails and newsletters sent electronically, as well as Pages of our Website, may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related Website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
If you visit this site with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this site with an open ID, the number of items “liked” on this site, or items on this site that you choose to share with a third-party social media site.
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control and are not liable for the actions of any third parties who we may promote. We pride ourselves in working with quality companies but have no control over the actions of those third parties. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our future service to all customers. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Service Providers
We may employ third party companies and individuals to facilitate our website, to provide the website on our behalf, to perform website-related services or to assist us in analyzing how our website is used.
These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
These service providers may include, but are not limited to:
TypeForm: Their privacy policy can be viewed at https://admin.typeform.com/to/dwk6gt
Calendly: Their privacy policy can be viewed at https://calendly.com/pages/privacy
Activecampaign: Their privacy policy can be viewed at https://www.activecampaign.com/legal/privacy
Intercom: Their privacy policy can be viewed at https://www.intercom.com/terms-and-policies#privacy
ClickFunnels: Their privacy policy can be viewed at https://signup.clickfunnels.com/privacy-policy
Kajabi: Their privacy policy can be viewed at https://kajabi.com/policies/privacy
Zapier: Their privacy policy can be viewed at https://zapier.com/privacy
SimpleTexting: Their privacy policy can be viewed at https://simpletexting.com/privacy-policy/
Payments
We may provide paid products and/or services within the website. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Stripe: Their privacy policy can be viewed at https://stripe.com/privacy
PayPal: Their privacy policy can be viewed at https://www.paypal.com/privacy
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information (a) to present our Website and its contents to you; (b) to validate your compliance with the Terms of Use applicable to the Website; (c) for content improvement and feedback purposes; (d) to provide you with information, products or services that you request from us; (e) to reach you, when necessary, regarding your use of the Website or products; (f) to contact you about our goods and services that may be of interest to you; (g) to fulfill any other purpose for which you provide it; (h) to provide you with notices about your account/subscription, including expiration and renewal notices; (i) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (j) to notify you about changes to our Website or any products or services we offer or provide though it; (k) to allow you to participate in interactive features on our Website; (l) to run social media advertisements and/or create look-alike audiences for advertisements; (m) to process payments, and Google/social media accounts in order to run advertisements and our affiliates; (n) in any other way we may describe when you provide the information; (o) for any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
By submitting your email address on the Website, you agree to receive emails from the Company and its Websites. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them. We do not send unsolicited commercial emails, because we hate spam as much as you do. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.
By submitting your mobile phone number on the Website, you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. Consent is not required to purchase goods or services. Message and data rates will apply and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by texting STOP to the SMS number used by the Company to contact you. We also retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations.
Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Smart Coach, LLC legal basis for collecting and using the personal information described in this Privacy Policy depends on the personal information we collect and the specific context in which we collect it.
We may process your personal information because:
We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it’s not overridden by your rights
For payment processing purposes
To comply with the law
Retention of Data
We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your personal information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including your personal information, to the United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy: (a) to our subsidiaries and affiliates; (b) to contractors, service providers and other third parties we use to support our business; (c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred; (d) to third parties to market their products or services to you if you have not opted out of these disclosures; (e) to fulfill the purpose for which you provide it; (f) for any other purpose disclosed by us when you provide the information; or (g) with your consent. We may also disclose your personal information (a) to comply with any court order, law or legal process, including to respond to any government or regulatory request; (b) to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; or (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).
Except as otherwise stated herein, we will NEVER share your personally identifiable information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. However, by permitting us to collect this information, you will be able to receive information on other products and services that may be of interest to you, including related third party offers that we may send directly to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service.
By participating in one of our membership programs through the Website, you agree and understand that other members of the program may see the comments, questions, photos, and/or other documents that you post on the membership Website, as well as any responses to you that are posted by the Company or other members. If you do not want your personal details revealed to other members of the program, then please do not post any such information through the membership Website.
Material Business Transaction
If we are involved in a material business transaction such as a merger, acquisition or asset sale, your personal information may be transferred. We will provide notice before your personal information is transferred and becomes subject to a different Privacy Policy.
Choices About How We Use and Disclose Your Information
You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an e-mail at support@smartcoach.com to request access to, correct or delete any personal information that you have provided to us, or to unsubscribe from any of opt-ins, mailings or our newsletters. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our “Terms of Use” accessible in the footer of our Website.
Your Data Protection Rights Under The General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal information.
If you wish to be informed what personal information we hold about you and if you want it to be removed from our systems, please contact us support@smartcoach.com.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your personal information.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
We may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Ownership of Site Contents; Downloading
Unless otherwise noted, all text, images, illustrations, design, icons, photographs, video clips, and other materials that are part of our Website (collectively “Contents”) are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Smart Coach, LLC or used under principles of “fair use.” The Contents of our site and the Website as a whole are intended solely for your personal use. You may download or copy the Contents and other downloadable materials displayed on our site for such uses, provided that you do not remove any copyright or other proprietary notices contained on the materials. By allowing you to download these materials, we expressly do not transfer to you any right, title, or interest in the materials.
Children Under the Age of 13
Our Website is not intended for children under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please email us at support@smartcoach.com.
Commitment To Data Security
While we take commercially reasonable steps to protect your personal identifiable information from unauthorized access, misuse, or disclosure, unfortunately, the transmission of information via the internet is not completely secure. Therefore, we cannot guarantee the security of your personal information transmitted through our Website, or that any breach will not occur. In the event that a breach should occur, we will notify you immediately along with taking adequate steps to rectify the breach. Any transmission of personal information however is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. That said, we do recommend you take every precaution in protecting your personal identifiable information data when you are using the internet such as changing your passwords often using a combination of letters and numbers when creating passwords. In addition, we recommend you use a secure browser while doing so.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are solely responsible for the safekeeping, confidentiality, and management of your password and password-protected account. We ask and implore you not to share your password with anyone.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.
Website Disclaimer
While we use reasonable efforts to include accurate and up-to-date information on our site, we make no warranties or representations as to its accuracy. Smart Coach, LLC assumes no liability or responsibility or any errors or omissions in the content on our website.
OUR WEBSITE AND ALL CONTENTS OF OUR WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR WEBSITE THAT YOUR USE OF SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT SMART COACH, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER RELATED TO YOUR USE OF OUR WEBSITE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Indemnification
You agree to defend, indemnify and hold Smart Coach, LLC harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arises from or related to your failure to comply with this Privacy Policy.
Limitation of Liability
Neither Smart Coach, LLC nor any other party involved in creating, producing, or delivering our website shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your access to or use of our website.
Choice of Law and Jurisdiction
Unless otherwise specified, our Website and the Contents thereof are displayed solely for the purpose of promoting the goods and services of Smart Coach, LLC. Our Website is controlled and operated by Smart Coach, LLC in the United States. This Privacy Policy and your agreement to it shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Privacy Policy shall be resolved exclusively by the state or federal courts sitting in Palm Beach County, Florida.
Arbitration
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms & conditions or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
Contacting Us
If you need to contact us, you can email us at support@smartcoach.com. We strive to provide excellent products, along with equally excellent customer service. If you have any questions about this Privacy Policy or our practices, please feel free to contact us.
Earnings Disclaimer
*Last updated 9/11/2021
Thank you for visiting www.infinitecoaching.com, www.smartcoach.com, or rossjohnson.mykajabi.com (the “Website”).
Smart Coach, LLC, along with its member(s), manager(s), officers, directors, employees, subsidiaries, affiliates, licensors, service providers, and agents, including Ross Johnson and Jessica Johnson (hereinafter collectively the “Company”, “We” or “Us”) are NOT lawyers, accountants, or financial advisors, and nothing contained on the Website or part of any membership program on the Website is intended to be financial or legal advice. The Company is NOT an investment advisory service, NOT an investment advisor, and does NOT serve as a financial advisor or provide personalized financial advice in any way.
You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance.
Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions, inactions, and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
Our Website may present examples of other people’s actual experiences, and these testimonials are for the purpose of illustration only. The testimonials and examples are of actual clients and results they personally achieve, as well as clients whom we have worked with and are speaking on their experiences of working with us, or the quality of our work. In no way are these testimonials intended to represent or guarantee that you will achieve the same or similar results and should not be perceived in that way. The testimonials represent only what is possible and are for illustrative purposes only.
The Company may derive fees or other compensation as a result of purchases from service providers or vendors that are recommended from the Website and/or membership program
