These Website Terms of Use (the “Terms of Use”) govern your access to and use of exhaleexecutivecoaching.com, which is owned and operated by Exhale Executive Coaching, LLC (the “Company”, “we”, “us”, or “our”), including all content, functionality, materials, programs, resources, and services offered through the website (the “Website”).
1. Acceptance of the Terms of Use. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Company's Privacy Policy. If you do not agree to these Terms of Use, you may not access or use the Website. You represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into these Terms of Use.
2. Changes to Terms. The Company reserves the right to modify these Terms of Use at any time. Any modifications shall become effective when posted on the Website. Your continued use of the Website following the posting of revised Terms of Use constitutes acceptance of the revised Terms.
3. Access to the Website. The Company reserves the right to modify, suspend, discontinue, or remove all or any portion of the Website at any time without notice. You are responsible for: (a) obtaining access to the Website; (b) maintaining any equipment necessary to access the Website; and (c) ensuring that all information you provide through the Website is accurate, current, and complete.
4. Coaching Disclaimer. The Website and all materials available through the Website are intended solely for educational, informational, professional development, leadership development, coaching, and personal development purposes. The Company provides coaching services and does not provide psychotherapy, counseling, mental health treatment, psychiatric services, medical treatment, healthcare services, diagnosis, or therapy. Nothing contained on the Website should be construed as medical advice, psychological advice, mental health treatment, legal advice, financial advice, or healthcare services. Any reliance upon information contained on the Website is solely at your own risk.
5. No Therapeutic or Healthcare Relationship. Use of the Website does not create: (a) a therapist-client relationship; (b) a counselor-client relationship; (c) a physician-patient relationship; (d) a healthcare-provider relationship; or (e) any fiduciary relationship between you and the Company. Participation in coaching programs or use of Website materials does not constitute counseling, psychotherapy, or healthcare services.
6. Mental Health Emergency Disclaimer. The Website is not intended for crisis intervention or emergency services. If you are experiencing a medical emergency, mental health emergency, suicidal thoughts, or any crisis situation, immediately call 911, 988, your healthcare provider, or another appropriate emergency resource.
7. No Guarantee of Results. The Company makes no guarantees, representations, or warranties regarding any specific personal, professional, business, leadership, lifestyle, financial, wellness, or other outcome. Individual results depend upon numerous factors, including your effort, commitment, experience, personal circumstances, and implementation of information obtained through the Website or Company programs.
8. Intellectual Property Rights. All content available through the Website, including text, graphics, logos, images, videos, audio recordings, downloads, coaching materials, frameworks, methodologies, worksheets, presentations, training content, course materials, software, and other materials, is owned by or licensed to the Company and is protected by applicable intellectual property laws. No ownership rights are transferred to you by virtue of your use of the Website.
9. Limited License. Subject to these Terms of Use, the Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website for your individual, non-commercial use. Except as expressly permitted, you may not: (a) copy; (b) reproduce; (c) distribute; (d) republish; (e) modify; (f) create derivative works from; (g) sell; (h) sublicense; or (i) exploit Website content without the Company's prior written consent.
10. Trademarks. All trademarks, service marks, logos, trade names, branding, and related materials displayed on the Website are the property of the Company or their respective owners. No license or right to use any trademark is granted without prior written permission.
11. Reservation of Rights. Except for the limited license expressly granted herein, the Company reserves all right, title, and interest in and to the Website and all intellectual property associated therewith. No provision of these Terms of Use shall be construed as granting any ownership interest or other rights to any user.
12. Prohibited Uses. You agree not to: (a) violate any applicable law; (b) interfere with Website operations; (c) attempt unauthorized access to any system or data; (d) transmit malicious code or harmful software; (e) copy, scrape, harvest, or extract data from the Website; (f) use the Website in a manner that could impair Website functionality; or (g) infringe upon any intellectual property rights of the Company or others.
13. Reliance on Information. Information made available through the Website is provided for general informational purposes only. While the Company strives to provide accurate information, the Company makes no representations regarding the accuracy, completeness, suitability, or reliability of any information provided through the Website.
14. Artificial Intelligence and Automated Content. The Website, Company communications, coaching resources, educational materials, downloadable content, and other content made available through the Website may be created, supplemented, organized, summarized, or otherwise assisted through the use of artificial intelligence or other automated technologies. While the Company reviews content for accuracy and appropriateness, such materials may contain errors, omissions, inaccuracies, or information that may not apply to your specific circumstances. You should independently evaluate any information obtained through the Website and should not rely upon any Website content as medical, psychological, legal, financial, or other professional advice.
15. Suspension and Termination. The Company reserves the right to suspend, restrict, or terminate access to all or any portion of the Website, temporarily or permanently, if the Company reasonably determines that a user has violated these Terms of Use, infringed the rights of the Company or another person, interfered with the operation of the Website, or engaged in unlawful, fraudulent, abusive, or harmful conduct.
16. Changes to the Website. The Company may update, modify, suspend, discontinue, or remove any content, functionality, services, materials, or features available through the Website at any time and without prior notice. The Company shall have no obligation to update Website content and makes no representation that any content will remain available.
17. Privacy Policy. Your use of the Website is also governed by the Company's Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and made a part of these Terms of Use. By accessing or using the Website, you acknowledge and agree that the Company may collect, use, disclose, and otherwise process information as described in the Privacy Policy.
18. Online Purchases and Coaching Services. Any purchase of or enrollment in a coaching program or other paid service offered by Company shall be governed by the applicable Coaching Services Agreement, enrollment form, checkout terms, or other written agreement presented in connection with the purchase. If there is a conflict between these Terms of Use and an applicable Coaching Services Agreement concerning paid coaching services, the Coaching Services Agreement shall control with respect to those services.
19. Geographic Restrictions. The Website is operated from the United States. The Company makes no representation that the Website or its content is appropriate or available for use in jurisdictions outside the United States. Persons who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
20. Links to Third-Party Websites. The Website may contain links to third-party websites for your convenience. The Company does not control and is not responsible for the content, privacy practices, or policies of third-party websites.
21. Disclaimer of Warranties. THE WEBSITE, ITS CONTENT, AND ALL SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
22. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR ANY CONTENT, MATERIALS, PROGRAMS, RESOURCES, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY LOSS OF REVENUE, PROFITS, BUSINESS OPPORTUNITIES, GOODWILL, USE, OR DATA. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE AMOUNT PAID BY THE USER TO THE COMPANY THROUGH THE WEBSITE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Indemnification. You agree to indemnify, defend, and hold harmless the Company and its owners, members, managers, employees, contractors, representatives, successors, and assigns from and against any claims, damages, liabilities, losses, costs, expenses, or attorneys' fees arising out of: (a) your violation of these Terms of Use; (b) your use of the Website; or (c) your violation of any applicable law or third-party right.
24. Copyright Claims. If you believe that material appearing on the Website infringes your copyright, please contact the Company and provide sufficient information identifying the allegedly infringing material and the basis of your claim.[DS1]
25. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict of law principles.
26. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Website, or any content, materials, programs, resources, or services made available through the Website shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable consumer arbitration rules then in effect. The arbitration shall take place in Baltimore County, Maryland, unless the Company and the user agree otherwise in writing. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either the Company or the user may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect confidential information, intellectual property rights, or other proprietary interests.
27. Class Action Waiver. To the fullest extent permitted by applicable law, all disputes shall be resolved solely on an individual basis and not as part of any class, collective, consolidated, or representative proceeding.
28. Severability. If any provision of these Terms of Use is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
29. Waiver. No waiver of any provision shall constitute a waiver of any other provision or future enforcement of that provision.
30. Entire Agreement. These Terms of Use, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the Website.
31. Contact Information. Questions regarding these Terms of Use may be directed to:
Exhale Executive Coaching, LLC
Attn: Melissa Wesner
