Terms and Conditions
OVERVIEW
This website is operated by New Morning Coaching LLC. Throughout the site, the terms “we”, “us”, “our”, “service”, and “website” refer to New Morning Coaching LLC. New Morning Coaching LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
TERMS DEFINED
CONSENT
By visiting our site, purchasing or downloading something from us, and/ or signing up for email marketing you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, readers, vendors, customers, merchants, and/ or contributors of content. In addition, when you access our website you consent to our Privacy Policy, Earnings Disclaimer, and Cancellation Policy. Please read our Privacy Policy, Earnings Disclaimer, and Cancellation Policy in conjunction with our Terms of Service.
Please read these Terms of Service, Privacy Policy, Earnings Disclaimer, and Cancellation Policy carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
You may revoke consent by immediately ceasing use and visitation of www.newmorningcoaching.com and emailing [email protected]. More information about digital consent and personal information is laid out in our Privacy Policy.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
YOUR RIGHT TO CONSENT
OUR RIGHTS
YOUR RESTRICTIONS
You are specifically restricted from all of the following:
ONLINE STORE TERMS
PURCHASES
COACHING SERVICES
FULFILLMENT
RETURNS
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We strive to provide accurate, complete, and timely information. We do not intentionally mislead or misrepresent any services, testimonials, products, and/or partners. However, any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
OUR SERVICES, PRODUCTS, AND PRICES
All of our services and products are available in limited quantities and time. We reserve the right to discontinue any service or product at any time. We do not guarantee products to be in stock at the time of order. Any orders that are placed on oversold items will be offered for exchange or refund.
Prices for our services or products are subject to change without notice.
Sale prices or coupon codes do not apply to past orders.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
While we strive to represent our products in honest and accurate ways, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will completely meet your expectations, or that any errors in the Service will be corrected.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Additionally, from time to time, we may use affiliate marketing as a way to garner revenue. Any third-party links that you click may result in a commission or earnings for our business, at no additional cost for you. We will proactively highlight or otherwise indicate when third-party links will result in a kick-back for us, but we will not be held liable for failure to do so as you have been notified in these terms.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall New Morning Coaching LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless New Morning Coaching LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of PO BOX 600631, ST PAUL, MN, 55106, United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Last revisted 5/4/2021
This website is operated by New Morning Coaching LLC. Throughout the site, the terms “we”, “us”, “our”, “service”, and “website” refer to New Morning Coaching LLC. New Morning Coaching LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
TERMS DEFINED
- “Service” refers to services provided by New Morning Coaching LLC. Our Service includes, but not limited to, an online store, online courses, e-books and downloads, coaching services, an editorial blog, and email marketing.
- “Website” refers to https://www.newmorningcoaching.com and any subpages.
- “You” refers to you using the site including but not limited to users who are browsers, readers, vendors, customers, merchants, and/or contributors of content.
- "Purchase”, “online purchase”, and “order” refer to purchases or downloads made on https://wwww.newmorningcoaching.com, including purchases or downloads equaling or greater than $0.00 USD
- "Coaching Services", "coaching services package", and "coaching sessions" refer to the both paid and unpaid coaching appointments made on https://squareup.com/appointments/book/4r8a5qe85vvpve/XP6BYCE1N0YY5/services
- “Business days” refer to most Mondays through Fridays with the exception of US bank or federal holidays or observances.
CONSENT
By visiting our site, purchasing or downloading something from us, and/ or signing up for email marketing you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, readers, vendors, customers, merchants, and/ or contributors of content. In addition, when you access our website you consent to our Privacy Policy, Earnings Disclaimer, and Cancellation Policy. Please read our Privacy Policy, Earnings Disclaimer, and Cancellation Policy in conjunction with our Terms of Service.
Please read these Terms of Service, Privacy Policy, Earnings Disclaimer, and Cancellation Policy carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
You may revoke consent by immediately ceasing use and visitation of www.newmorningcoaching.com and emailing [email protected]. More information about digital consent and personal information is laid out in our Privacy Policy.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
YOUR RIGHT TO CONSENT
- By engaging in the Service, you are giving your consent to these Terms & Conditions and our Privacy Policy.
- You may revoke consent by immediately ceasing use and visitation of https://www.newmorningcoaching.com/ and emailing [email protected] as laid out in our Privacy Policy.
- You may cease use of the Service at any time.
- You may review these Terms at any time, and you are encouraged to do so frequently.
OUR RIGHTS
- We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to fulfill orders at our sole discretion.
- We reserve the right to pursue perpetrators of our Service to the fullest extent of the law in our jurisdiction and theirs.
YOUR RESTRICTIONS
You are specifically restricted from all of the following:
- publishing any New Morning Coaching LLC material in any other media without prior written consent;
- selling, sublicensing and/or otherwise commercializing any New Morning Coaching LLC material;
- publicly performing and/or showing any New Morning Coaching LLC material;
- sending or publishing messages with malicious intentions or harassment nature to New Morning Coaching LLC or its users;
- using the Service in any way that is illegal, immoral, or improper;
- using this Website in any way that is or may be damaging to this Website;
- transmitting any worms or viruses or any code of destructive nature to this Website or its users;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website.
ONLINE STORE TERMS
PURCHASES
- When you use our Service, you represent that you are at least 18 years old and have the legal right to make online purchases and provide us personal information, including but not limited to your name, address, phone number, email address, credit card information, etc.
- When you make an online purchase, you guarantee that the information you provided is correct and accurate to the best of your knowledge.
- We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
- We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
COACHING SERVICES
- When you book a coaching service you represent that you are at least 18 years old.
- To book a coaching service package, you must have a valid US based phone number on which you can accept calls unless other arrangements have been made in advance.
- When you book a coaching service, you accept that you will be called on the phone number provided at your appointment time.
- We will fulfill the coaching service package by calling you at the time of your appointment.
- By booking your package, you accept any charges from your phone line service provider resulting from the call of the coaching services session. We will not be held liable for any resulting charges on your phone line service resulting from the call of the coaching services session.
- When you book a coaching service you verify that you have read and agree to our cancellation policy.
- Single coaching services expire if left unused after three months.
FULFILLMENT
- All digital orders are sent via email or delivered instantly in the format noted in the sale listing, including but not limited to PDF, .jpeg, and .png.
- All physical orders are shipped within three business days via USPS. At this time we only ship to the United States, the Virgin Islands, Guam, Puerto Rico, and APO/FPO boxes. All orders are shipped with a tracking number that will be sent to you via email when it ships.
- Coaching sessions will be fulfilled in the manner described in the section above "Coaching Services"
- We reserve the right to change our shipping policy, handling times, and/ or shipping provider at any time without notice to you.
- We will notify you via email if there is a shipping or handling delay that is more than 3 business days from your order date.
RETURNS
- All orders are final and are not eligible for returns or cancellation.
- Coaching package services are not eligible for refunds or returns for any reason including your satisfaction of coaching services received or your results resulting from the coaching services provided. Please refer to our Earning Disclaimer for no guarantees explained.
- Additionally, any orders placed on Etsy.com or other third party websites are not eligible for returns.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We strive to provide accurate, complete, and timely information. We do not intentionally mislead or misrepresent any services, testimonials, products, and/or partners. However, any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
OUR SERVICES, PRODUCTS, AND PRICES
All of our services and products are available in limited quantities and time. We reserve the right to discontinue any service or product at any time. We do not guarantee products to be in stock at the time of order. Any orders that are placed on oversold items will be offered for exchange or refund.
Prices for our services or products are subject to change without notice.
Sale prices or coupon codes do not apply to past orders.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
While we strive to represent our products in honest and accurate ways, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will completely meet your expectations, or that any errors in the Service will be corrected.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Additionally, from time to time, we may use affiliate marketing as a way to garner revenue. Any third-party links that you click may result in a commission or earnings for our business, at no additional cost for you. We will proactively highlight or otherwise indicate when third-party links will result in a kick-back for us, but we will not be held liable for failure to do so as you have been notified in these terms.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall New Morning Coaching LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless New Morning Coaching LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of PO BOX 600631, ST PAUL, MN, 55106, United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Last revisted 5/4/2021