Terms & Conditions
TERMS & CONDITIONS OF USE
By purchasing any services, courses, masterclasses, coaching, etc. from Natashia Mack LLC, you are hereby agreeing to the following Terms & Conditions of Use.
Terms and Conditions of Use for Natashia Mack LLC
Last Updated on 7/16/2024
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.
CLIENT RESPONSIBILITY. Client is responsible for their attendance and participation within the coaching/mentoring sessions provided on Zoom as well as on Voxer. The Client is responsible for asking questions and reaching out for extra support if they feel they need it. The Client is responsible for communicating honestly and openly with the Coach. The Client is expected to be open to participation, learning and implementing the tools and strategies that are being taught in order to create results. The client is expected to provide Coach with updates within Voxer.
CANCELLATION POLICY. Coach requires twenty-four (24) hours’ notice to cancel or change the appointment date and time of the scheduled private session. Client forfeits their session if cancellation occurs less than twenty-four (24) hours before appointment and/or Client does not show up for their private session. Unless of course there’s been an emergency situation.
TERMINATION. If Client wishes to terminate this Agreement, Client will be obligated to pay through the end of the Term of the Agreement. All payments made by Client to Company are non-refundable, and Client is responsible for completing all payments, regardless of termination, if enrolled in a payment plan. Company reserves the right to terminate the Agreement immediately upon written notice to Client in the event Client breaches this Agreement, in which case no refund will be provided.
COMPENSATION. In full consideration of Coach’s performance, his / her obligations and the rights granted herein, Client agrees to pay a monthly payment or pay in full for Coaches services based on this checkout page. All payments to Coach are non-refundable. Payment is due upon signing the Agreement or, if the Client elects to make monthly payments, these payments will be auto-billed from the payment method the Client has put on file. Payment will be collected by Coach via Paypal or Stripe. Payment failure will result in termination of Coach’s services.
PAYMENT PLAN. If Client chooses a payment plan option, Client will provide Company with credit card or other payment instrument information. Client represents and warrants to Company that such information is true and that Client is authorized to use the payment instrument. Client agrees to pay Company the amount that is specified in the payment plan in accordance with the terms of this Agreement. Client hereby authorizes Company to bill Client’s payment instrument in accordance with the terms of the payment plan. Any late payments are subject to a $150 late fee.
CHARGEBACKS. Client agrees to make every attempt to file for a refund prior to attempting a chargeback with Client’s financial institution. The Client will remain responsible for amounts due under this Agreement in the event Client disputes payment with its financial institution. In the event of a chargeback attempt, Client expressly agrees to forfeit any and all intellectual property or deliverables afforded to Client in exchange for Client’s purchase of Company’s Services. Company reserves the right to present proof of purchase and this Agreement to the financial institution investigating the dispute.
USER ACCOUNT. If Client is provided with a username, password or any other account information, Client must treat such information as confidential. Client may not provide his/her username, password or other account information to another person or provide any other person with access to the Website or Services using Client’s username, password, or other security information. Client agrees to notify Coach immediately of any authorized access to or use of Client’s account, username or password.
FACEBOOK GROUP. Client will have access to a group Facebook community. Client agrees to keep Facebook log-in information secure and confidential.
USER CONTRIBUTIONS. By submitting a testimonial, comment, photo, video or other materials to us, via the Facebook group, direct message, text message, or by other means, Client agrees that Coach has a non-revocable commercial license to republish Client’s submission in whole or in part, unless Clients explicitly states in writing that Coach does not have such permission.
COACH CONFIDENTIALITY. The Coach will not disclose Client’s name as a reference without Client’s consent. Confidential Information does not include information that: (a) was in Coach’s possession prior to its being furnished by Client; (b) is generally known to the public; (c) is obtained by Coach from a third party, without breach of any obligation owed to Client; (d) is independently developed by Coach without use of or reference to Client’s Confidential Information; (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure Coach reasonably believes there to be an imminent or likely risk of danger or harm to Client or others; or (g) involves illegal activity. Client should also be aware that telephone, email and videoconference are not encrypted methods of communication, and some confidentiality risk exists with their use. Client must raise any confidentiality questions or concerns with the Coach in a timely manner. Coach reserves the right to anonymously publish testimonials or other User Contributions pursuant to this Agreement.
CLIENT CONFIDENTIALITY. During the course of Coach’s performance of Services for Client, Client may receive, have access to and create documents, records and information of a confidential and proprietary nature to Coach. This confidential information may include but is not limited to Coach work product, company coaching materials, including but not limited to pre-rerecorded videos and trainings, company and member financial information, marketing plans and strategies, market research, client and other mailing lists, business transactions, supplier or vendor relationships, contract terms, present and future projects and products, and pricing and cost information, and other information that is not generally known to the public (“Confidential Information”). Client acknowledges and agrees that such Confidential Information is an asset of Coach, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of Coach must be kept strictly confidential and used only in the performance of Client’s performance under this Agreement. Client agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except as otherwise directed by Coach in the course of Client’s performance under this Agreement, and thereafter only with the written permission of Coach. Coach’s Confidential Information, including all coaching materials, are solely for personal and non-commercial use. Client may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display. Client shall notify the Coach immediately in the event Client becomes aware of any loss or disclosure of any Confidential Information. Upon termination of this Agreement or upon the request of Coach, Client will return to Coach all of the Confidential Information, and all copies or reproductions thereof, which are in Client’s possession or control. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
BUSINESS HOURS. Company’s business operating hours are as follows: Monday - Friday 10:00am to 4:00pm EST. All emails and Voxer messages will be responded to within twenty-four (24) hours during Business Operating Hours. If communication is made to Company during the weekend, it will be addressed the following Business Day.
NON-DISPARAGEMENT. The Parties agree that they shall not disparage, criticize, or defame the other Party, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders or employees. Nothing in this section apply to any evidence or testimony required by any court, arbitrator or government agency.
WARRANTIES AND REPRESENTATIONS. Parties represent and warrant to each other that each is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between either Party and any third party. The parties represent and warrant to each other that each is at least 18 years of age at the time of execution of the Agreement.
ASSIGNMENT. This Agreement is personal to each of the Parties. No rights or obligations may be assigned or delegated by either Party at any time, unless such assignment is in writing and signed by both parties.
FORCE MAJEURE. If either Party is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related governmental orders or shutdowns are known phenomenon and not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.
WAIVER. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
SEVERABILITY. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
MERGER/FINAL AGREEMENT. This Agreement constitutes the final, exclusive agreement between the parties. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
AMENDMENT. The Parties may amend this Agreement only by the Parties’ written consent pursuant to the notice provided in this Agreement.
NOTICES. All notices, claims, and demands made under this Agreement must be in writing and addressed to the other Party at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.
DISCLAIMER OF LIABILITY. Coach makes no guarantees, representations or warranties of any kind or nature, express or implied, including without limitation, those of non-infringement, merchantability, title, fitness for a particular purpose, and warranties arising from course of dealing or course of performance with respect to its Services. Client’s use of the Services is at Client’s own risk. Coach may reference certain results, outcomes or situations. Client understands and acknowledges that Coach makes no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for Client as a result of these statements. Coach cannot guarantee success merely by the Client purchase of Coach’s services. Client understands that individual results and outcomes will vary. There is no guarantee that Client will make any income at all and Client agrees and accepts the risk that the earnings and income statements differ by individual. Any results displayed on Coach’s website or in any of his/her materials are not guaranteed or typical. Individual results depend on many factors, including an individual’s background, motivation, business experience and individual capacity. The use of Coach’s information, products and services should be based on Client’s due diligence. Coach’s services and advice are for informational and educational purposes only. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is Client’s exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, it is strongly recommended that he/she promptly inform the mental health care provider of the nature and extent of the coaching relationship. Furthermore, Client shall notify Coach of any such medical supervision. Coach disclaims any liability for economic loss, physical injury or illness. Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach.
INDEMNIFICATION. Client hereby agrees to indemnify, defend and hold harmless Coach, its affiliates, employees and agents from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees, to the extent such losses result from any breach of the Agreement or applicable law by Client or breach of contractual or fiduciary obligation owed by it to a third party.
LIMITATION OF DAMAGES. Notwithstanding any damages that Client may incur, Coach’s entire liability under this Agreement, and Client’s exclusive remedy, will be limited to the amount actually paid by or on Client’s behalf to Coach under this Agreement for all Services rendered through and including the termination date. Neither Party shall, under any circumstances, be liable to the other Party for consequential, incidental, indirect or special damages, including but not limited to loss of actual or anticipated profits or income, punitive damages, loss of revenue; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the parties.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any choice or conflict of law provision or rule.
MEDIATION. In the event a dispute shall arise between the Parties that is related to or arises out of this Agreement, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Canada, Ontario or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within [15] business days of the selection of the mediator and to conclude the mediation with [30] days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute.
JURISDICTION AND VENUE. In the event of any controversy or claim arising out of or relating to this contract, or the breach thereof, the parties hereto agree first to try and settle the dispute by mediation, administered by the ICDR Canada under its Canadian Mediation Rules. If settlement is not reached within 60 days after service of a written request for mediation, any unresolved controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules.
GENERAL PROVISIONS
This website is owned and operated by Hot Mess Medium LLC, a Ontario, CA company. Our principal place of business is located at 76 Thaxter Rd, Massey, ON,Canada, P0P1P0
You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Hot Mess Medium LLC, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.
SECURITY AND ASSUMPTION OF RISK
SECURITY
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal,or Kajabi. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by Canada & The United States of America law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at natashia@hotmessmedium.com
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
WARRANTIES DISCLAIMER
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
ENTIRE AGREEMENT
Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with Canada & The United States of America law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Ontario, Canada & The United States of America.
CONSENT
By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.
If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at info@mediumnatashiamack.com
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
Email: info@mediumnatashiamack.com