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Terms of Use, Privacy Policy, and Coaching Agreement

Terms of Use, PRIVACY POLICY, AND COACHING AGREEMENT

  By visiting, using, or purchasing any services offered by Dr. Kirsten Grant, EdibleAddiction.com & Phoenix Six, LLC (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference. The term “you” refers to anyone who uses, purchases, visits and/or views the website. Dr. Kirsten Grant, EdibleAddiction.com & Phoenix Six, LLC (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments.  It is your responsibility to periodically check the website for updates. Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions. AGE AND UNITED STATES USE ONLY All information and content on this website is intended for individuals over the age of 18. Children as defined in our Privacy Policy are prohibited from using this website. We do not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the website including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation. PRIVACY POLICY We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information. DISCLAIMER Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review Disclaimer for more information. MANDATORY ARBITRATION AND GOVERNING LAW You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Illinois and United States. You agree to consent and submit to the jurisdiction of the state and federal courts located in Illinois without regard to the principles of conflict of law or where the parties are located at the time a dispute arises. You agree to resolve any disputes or claims first through mandatory arbitration in the state of Illinois and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action. INTELLECTUAL PROPERTY All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use.  You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions. USER CONTENT AND LAWFUL USE OF THE WEBSITE For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us. You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us. You agree not upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is- (a) illegal, violates or infringes upon the rights of others, (b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, (c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law, (d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law, (e) any attempts to gain unauthorized access to any portion or feature of the website, and (f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions. THIRD PARTY LINKS The website may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, we do not own or control these third party websites. Once you click on a third party link and leave this website, you are no longer bound by our terms and conditions. You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources. USE OF OUR PAID AND FREE PRODUCTS We may offer free products for you to download and also sell paid courses, coaching, programs, physical or digital products and any other related materials (collectively, “products”) on this website. We only grant you a limited, personal, non-exclusive and non-transferable license to use all our products for your personal use only. You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent. TERMINATION We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice. 30 DAY MONEY BACK GUARANTEE TERMS AND CONDITIONS We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price. Refunds are provided within 30 days of the start of the course as long as the following 3 criteria have been met:
  1. Watched All Modules for That Week Prior To Submitting Refund
    1. Example: Refund request submitted on the 29th  Client should have watched modules 1 – 4.
  2. Attended At Least 50% of All Live Webinars Prior To Requested Refund Date
    1. Example: Refund request submitted on the 29th  Client should have attended 4 Live Webinars.
  3. Completed Module Worksheets and Coaching Meetings (if applicable) from The Week(s) Prior To Submitting Refund
NO WARRANTIES ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here. You expressly agree that your use of the website and its products and/or services is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website. You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here. This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here. INDEMNIFICATION You agree to indemnify and hold the Dr Kirsten Grant, the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims. ENTIRE AGREEMENT These Terms and Conditions along with our Privacy Policy and Disclaimer constitutes the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written. A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form. SEVERABILITY If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent. CONTACT For any questions, please contact us at admin@edibleaddiction.com. HEALTH COACH LEGAL DISCLAIMER Although I am a health coach by profession, I am not YOUR health coach. All content and information on this website is for informational and educational purposes only, does not constitute coaching, health and/or medical advice and does not establish any kind of coaching, health, medical, and/or professional relationship by your use of this website. A coaching and/or professional relationship with you is only formed after we have expressly entered into a written agreement with you that you have signed including our fee structure and other terms to represent you in a specific matter. Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the area for your particular needs and circumstances prior to making any professional, health, medical, career, legal, and financial or tax related decisions.   This Agreement is entered into by and between: Coach:  Dr. Kirsten Grant, Certified Six Sigma Project Management, Life, Weight Loss, & Health Coach Founder of Phoenix Six, LLC and Creator of EdibleAddiction.com Phoenix Six 15941 Harlem Ave #313 Tinley Park, IL  60477 312-601-8510 KGrant@PhoenixSix.com And Client: whereby Coach agrees to provide Coaching Services for Client focusing on the following:
  • Health Education and Information for Management and Reduction of Food Addiction Symptoms (overeating, food cravings, binge eating, anxiety, and/or emotional eating) and online personal training (if applicable).
Description of Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.  1) Coach-Client Relationship
  1. Coach agrees to maintain the ethics and standards of behavior established by American Psychological Association (https://www.apa.org/ethics/code/). It is recommended that the Client review the American Psychological Associate Code of Ethics and the applicable standards of behavior. 
  1. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the 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. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. 
  1. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time. 
  1. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility. 
  1. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychological 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 the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach. All content and information presented is for informational and educational purposes only, does not constitute medical or health advice of any kind and we do not warrant that the information presented herein is free of any errors or omissions. A professional-client relationship with you is only formed after we have expressly entered into a written agreement with you that you have signed including our fee structure and other terms to work with you in a specific matter. Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the area for your particular needs and circumstances prior to making any medical or health related decisions.
 
  1. F. The information provided in or through our Website, Programs, Products and Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When using any material obtained from or through Phoenix Six, LLC, whether through in-person, phone, Skype, webinars, teleseminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, consultations and/or trainings, you acknowledge that we are supporting you in our role exclusively as providing health education for you, and in no other role
 
  1. In this capacity as a health educator for you, I am not holding myself out to be a Medical Provider (including doctor/physician, nurse, physician’s assistant or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietician or licensed nutritionist, or member of the clergy.  Rather, I serve as a trainer, educator, coach, mentor and guide who provides health education and learning opportunities to you,
 
  1. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
  2) Services The parties agree to engage in a Coaching Program through internet and telephone meetings. Coach will be available to Client by e-mail and voicemail in between scheduled meetings Monday – Friday:  9:00am – 5:00pm. Coach may also be available for additional time, per Client’s request on a prorated basis rate – call and confirm for details.   3) Schedule and Fees This coaching agreement is valid as of the date payment is received as listed on the company website.   The calls/meetings shall be ___60 minutes in length_(unless otherwise specified)___. If rates change before this agreement has been signed and dated, the prevailing rates will apply. The refund policy in effect for the term of this Agreement is as follows: Refunds are provided within 30 days of the start of the course as long as the following 3 criteria have been met:
  1. Watched All Modules for That Week Prior To Submitting Refund
    1. Example: Refund request submitted on the 29th  Client should have watched modules 1 – 4.
  2. Attended At Least 50% of All Live Webinars Prior To Requested Refund Date
    1. Example: Refund request submitted on the 29th  Client should have attended 4 Live Webinars.
  3. Completed Module Worksheets and Attended All Scheduled Coaching Sessions from The Week(s) Prior To Submitting Refund
  4) Procedure The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will call the Coach at the following number for all scheduled meetings 312-601-8510. Or log into selected video webinar and/or conference software at the designated time.  If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.   5) Confidentiality This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the American Psychological Association Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (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 the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.   6) Release of Information   The Coach engages in training and continuing education pursuing and/or maintaining American Psychological Association Credentials. That process requires the names and contact information of all Clients for possible verification by American Psychological Association. By signing this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with American Psychological Association staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes. 7) Cancellation Policy Client agrees that it is the Client's responsibility to notify the Coach _24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting. 8) Record Retention Policy The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than _7_ years. 9) Termination Either the Client or the Coach may terminate this Agreement at any time with _2__weeks written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship. 10) Limited Liability Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.   11) Entire Agreement This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.   12) Dispute Resolution If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the client shall not be entitled to recover attorney’s fees and court costs from the other party. 13) Severability If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14) 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. 15) Applicable Law This Agreement shall be governed and construed in accordance with the laws of the State of Illinois, without giving effect to any conflicts of laws provisions. 16) Binding Effect This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. Submission of payment and selecting the box to acknowledge reading and receipt of terms of conditions, coaching agreement, and privacy policy constitutes agreement with these terms.