PO Box 237
Newport Beach, CA 92662 USA
4. AVAILABILITY AND ACCURACY
We strive to maintain100% uptime with our Website, however, as with any website, we may perform updates, maintenance, changes or experience technical issues which may temporarily make the course materials unavailable. In such situations, we will work to perform updates and maintenance and resolve or repair technical issues in a timely manner to reinstate service and availability to our visitors.
While we endeavor to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
5. SYSTEM REQUIREMENTS
Use of the Website requires Internet access. Certain areas of the Website and your access to certain products purchased through the Website requires i) a compatible web browser, ii) audio management software or other software allowing the downloading, storing and playback of audio files in MP3 or other digital format, iii) document management software or other software allowing the downloading, storing and viewing of documents in PDF or other digital format (the “Software“), and, for certain downloadable content, a compatible player and viewing device (the “Device“). We may, at any time and from time to time, in our sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website and our Products may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to us.
6. ELECTRONIC COMMUNICATIONS
When you visit the Website, send e-mails to us, or send us information through one of our contact forms, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. PRODUCTS, SERVICES AND EVENTS
A) DELIVERY METHOD
Products available for purchase through the Website, including, but not limited to online courses and subscription programs, are digital products, which require adequate Devices, Software, and an internet connection, that meets the minimum System Requirements. Services, including, but not limited to Personal Life Coaching and Group Coaching are delivered and provided over telephone or VOIP (Voice Over Internet Protocol).
B) PAYMENT METHOD
The payment methods we accept for our Products and Services include Visa, MasterCard, American Express, Discover, PayPal and debit cards which are backed by Visa or MasterCard.
C) SALES TAX
Sales tax is only required for orders purchased within our resident state of business. Therefore, all orders purchased within California will be charged applicable sales tax according to your area's tax rate.
D) PRODUCT LISTINGS
We strive for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, we shall at our sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.
E) PRODUCT REVISIONS AND DISCONTINUATION
We expressly reserve the right to update, amend, revise or discontinue any of our products at any time and without notice. We reserve the right to cancel, postpone, or advance, the release and delivery of any product or service that is offered to you, or that you have requested to receive on a complimentary basis and without charge.
F) CUSTOMER SUPPORT AND PRODUCT ISSUES
If you are having technical issues or need help with a Product you have purchased through the Website please email our Customer Support team at email@example.com. Please provide us with your name, customer ID and the name of the product you are having an issue with.
G) 100% SATISFACTION GUARANTEE AND REFUND POLICY
If you are not 100% satisfied with a Product you have purchased through our Website, we will refund you the full amount of the price you paid for the Product. This 100% Satisfaction Guarantee is valid for thirty (30) days from the date you purchased the Product. In order to receive a refund, you must email our Customer Support team at firstname.lastname@example.org and request a refund within thirty (30) days of your purchase. Refunds may take up to fourteen (14) days to process.
H) USE AND PROTECTION OF PASSWORD AND ID
To access certain products, you will either create be assigned a password and account ID. Each user who uses such created or assigned password and ID shall be deemed to be authorized by you to access and use the Website, and we shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND US, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify us of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, abusive, vulgar, threatening, harassing, libelous, defamatory, invasive of privacy, infringing on intellectual or other property rights, or otherwise violating any law or injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
All contents of Website and Products are: Copyright © 2018 Jonathan Monte. All rights reserved. All contents of Website, including, but not limited to text, graphics, logos, button icons, images, audio recordings, digital downloads, videos, products and data compilations, is the property of Jonathan Monte and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Jonathan Monte and protected by U.S. and international copyright laws.
10. TRADE MARKS
The “Jonathan Monte” name, “Life Transformation – The Complete Journey”, “Emotional Response Process”, “Motivation Monthly”, “Ultimate Life Blueprint”, "Thrive in Your Recovery", logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Jonathan Monte in the U.S. and/or other countries. Jonathan Monte’s trademarks and trade dress may not be used in connection with any product or service that is not Jonathan Monte, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Jonathan Monte. All other trademarks not owned by Jonathan Monte that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Jonathan Monte.
11. INTELLECTUAL PROPERTY RIGHTS
We own all intellectual property rights as expressed and presented on the Website, including, but not limited to the design, layout, presentation and functionality of the Website, and the text, content, ideas, concepts, approach, and methods presented and/or contained in the Website or Products.
12. RESTRICTIONS ON USE; LIMITED LICENSE
We grant you a limited license to access and make personal use of the Website and Products purchased through the Website. No Content of the Website or any other website owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder.
Other websites may link to this Website only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Website. To seek our permission, you may send Email to email@example.com We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Website, at our discretion at any time.
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE WEBSITE; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00. YOU AGREE NO TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST JONATHAN MONTE THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE INVOICE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
17. NO PROFESSIONAL ADVICE
THE WEBSITE, INFORMATION AND PRODUCTS/SERVICES CONTAINED THEREON CANNOT REPLACE OR SUBSTITUTE FOR THE ADVICE OR SERVICES OF TRAINED AND LICENSED PROFESSIONALS IN ANY FIELD, INCLUDING, BUT NOT LIMITED TO, PSYCHOLOGICAL, SPIRITUAL, EMOTIONAL, FINANCIAL, MEDICAL OR LEGAL MATTERS.
IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. FURTHER, YOU SHOULD REGULARLY CONSULT A LAWYER IN ALL MATTERS RELATING TO INTERACTING WITH OTHER PEOPLE TO ASSURE YOURSELF YOU ARE BEHAVING IN COMPLIANCE WITH LAW, INCLUDING, BUT NOT LIMITED TO LAWS RELATED TO HARASSMENT, ASSAULT OR OTHER SIMILAR LAWS.
NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE, AND BY YOUR USE OF THE WEBSITE, YOU AGREE NOT TO ATTEMPT TO HOLD US LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCE.
18. PARENTAL PERMISSION AND MINIMUM AGE REQUIREMENT
The Website is not intended or directed to individuals under the age of 18 and we will not knowingly collect personally identifiable information from anyone under the age of 18. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users under a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
19. EXPLICIT LANGUAGE AND MATURE CONTENT
This Website may contain mature topics and occasionally use explicit language. Users who are uncomfortable with such topics or language should not use our Website.
20. APPLICABLE LAW AND DISPUTES
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Orange County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
25. MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
26. ENTIRE AGREEMENT
Updated August 11, 2019