TERMS AND CONDITIONS
BY VISITING STEPHZAKAS.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
The terms “we,” “us,” and “our” refer to STEPH ZAKAS COACHING & CONSULTING. The term the “Site” refers to STEPHZAKAS.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
INCLUDING BUT NOT LIMITED TO: A BLOG, DIGITAL PRODUCTS FOR SALE, PHYSICAL PRODUCTS FOR SALE, PRIVATE COACHING & CONSULTING, PODCAST, SOCIAL MEDIA POSTS, ETC. (the “Service”).
Use of STEPHZAKAS.COM, including all materials presented herein and all online services provided by STEPH ZAKAS COACHING & CONSULTING, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to business and other information are subject to change. Steph Zakas Coaching & Consulting makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Steph Zakas Coaching & Consulting disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
PROGRAMS
The Program you choose at checkout grants access to the services provided by the webpage where you registered. Although we strive for consistency and always wish our customers satisfied, from time-to-time it may become necessary to adjust or modify aspects of the program - such as its associated services or pricing. Our valued patrons will remain informed on changes with respect to efficiency and value. Upon registration, you will gain access to the specified services outlined by our Program. However, we reserve full autonomy to adjust the Services and Pricing at any time.
If the program you are purchasing has a group coaching aspect to it and is not a strict ‘do it yourself’ course model, by registering, you agree to work with Stephanie Zakas and potentially other guest coaches or Program participants. Should any unforeseen circumstance prevent Stephanie Zakas from attending a group meeting, the Company reserves the right to cancel the meeting, postpone the meeting, reschedule the meeting, or appoint an appropriate replacement host at its own discretion. Any unforeseen circumstances include but are not limited to illness, injury, Force Majeure event, natural disaster, or any other unforeseen circumstance. Should a meeting be canceled, postponed, rescheduled, or a replacement be appointed no grounds for a refund will be offered or created and any refund request will be denied.
By purchasing the program you agree to the terms of having access for the clearly stated time on the offer web page. If the terms of access are ‘product lifetime’, you agree that this program will be available for the lifetime that the program is offered and Steph Zakas Coaching & Consulting reserves the right to update, refine, take away, or retire the program at any time. If the program has ‘product lifetime’ access, and should be retired, it is up to Steph Zakas Coaching & Consulting to offer any materials or assets from the program. Additionally, by purchasing the program, you are agreeing that in the instance of the program retirement in the case of a newer, more up-to-date program being offered, it is sufficient for the purchaser to be offered entrance into the new program either for free or at a discount in lieu of receiving any assets post-program retirement.
If the program you are purchasing comes with a complimentary private group for all purchasers, Steph Zakas Coaching & Consulting reserves the right to migrate the group to another platform or close the group at any time. Steph Zakas Coaching & Consulting reserves the right to remove any attendee who violates the community standards of the group the purchaser agreed upon when joining the group. Any group offered is complimentary to the program and not a part of the program. Purchaser reserves the right to waive entrance of the group should they not want to participate and only have access to the program materials.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Steph Zakas Coaching & Consulting will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
The company’s refund policies are only applicable to service-based entrepreneurs or business owners. If you are not a service-based entrepreneur or business owner and participate in purchasing programs or coaching and consulting, by purchasing you acknowledge that your sale is final and you are eligible for a refund and no refund will be granted.
NO RETURNS WILL BE ACCEPTED OR REFUNDS GRANTED 314 DAYS AFTER THE PURCHASE OF DIGITAL PRODUCTS, PROGRAMS, OR PHYSICAL PRODUCTS. For a refund request to be accepted, you must email steph@stephzakas.com and provide proof that the program did not work for you. Refunds will not be granted after 14 days.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Steph Zakas Coaching & Consulting. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Steph Zakas Coaching & Consulting remains yours to the extent that you have any legal claims therein. You agree to hold Stephanie Zakas of Steph Zakas Coaching & Consulting harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Steph Zakas Coaching & Consulting, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, STEPH ZAKAS COACHING & CONSULTING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF STEPH ZAKAS COACHING & CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STEPH ZAKAS COACHING & CONSULTING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM STEPH ZAKAS COACHING & CONSULTING, AND IF NO PURCHASE HAS BEEN MADE BY YOU STEPH ZAKAS COACHING & CONSULTING’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD-PARTY RESOURCES
The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Steph Zakas Coaching & Consulting. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Steph Zakas Coaching & Consulting pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Steph Zakas Coaching & Consulting shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Steph Zakas Coaching & Consulting.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
steph@stephzakas.com
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Ohio as applied to contracts that are executed and performed entirely in Ohio. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Franklin County, Ohio. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: May 2022
Disclaimer: Business is risky. And while I love using my experiences, and the experiences of countless other entrepreneurs I know, have worked with and have drank endless rounds of craft beers with, business is still risky. So my advice doesn’t come with any guarantees. You get that, right? Cool. Lastly, coaching and consulting is not and will never be therapy and if you need such a service, please seek a professional therapist. I’m an expert at what I do. I’ve got the street cred. The experience. The skills. And the qualifications. However, we should probably give a group nod to the fact that I am not a licensed psychologist or healthcare professional, and my services don’t replace the care of psychologists or other healthcare professionals. With that comes the standard eye-glaze inducing disclaimer that, no, I cannot actually guarantee the outcome of our coaching efforts and/or recommendations on my website/blog/email series, and my comments about the outcome are expressions of (my very personal) opinion only.
I can guarantee you this, however: I will do my best to coach you, and I’ll do everything in my power to help.