TERMS & CONDITIONS
Welcome to Lindsey Mango Coaching, LLC
LAST UPDATED: August 2, 2019
Welcome to Lindsey Mango Coaching, LLC! The Lindsey Mango Coaching, LLC. (“LMC” or “Company”) website and all products and services (collectively “Services”) as well as the content thereon are made available by LMC to assist potential clients in the identification, selection and purchasing of coaching services. The Services include, but are not limited to, one-on-one coaching and the Mango Magic Business Academy Program.
The resources available on this Website are intended to be a general information resource and are provided solely on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. You are encouraged to confirm the information contained herein. Goods or services offered through the Services, if any, are “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” without any warranties of any kind.
- “Client”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions.
- “Company”, “Ourselves”, “LMC”, “We”, “Our” and “Us”, refers to our Company.
- “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
- Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Free Trial Membership: From time to time, LMC may offer free trials for certain levels or access of the Services or content. Unless otherwise defined with a specific promotion, only one free trial membership is allowed per individual user. Such trials do not require the user to register with a credit card to commence, but will require membership registration, with a valid credit card, to extend usage of the Services or content after the term of the free trial lapses.
Links to Other Sites: The Services and content on this Website may contain links to websites operated by other parties. LMC provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under control of LMC and therefore LMC is not responsible for the content available on the other sites. Furthermore, it is up to you, the user, to take precautions to ensure that whatever links you select or software you download, whether from this Website or others, is free of such items as viruses, worms, trojan horses, defects, and any other items of a destructive nature. Such links do not imply LMC’s endorsement of information or material on any other site and LMC disclaims all liability with regard to your access and to the use of such linked services.
Permitted Uses: So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by LMC, LMC invites you to view and use the Services and content provided, however, you may not, at any time, duplicate, publish, modify, distribute perform, or create derivative works from any part of the Services or content provided on this Website, unless expressly authorized to do so by LMC in writing. You hereby agree that you will not remove or modify any acknowledgements, credits, or legal notices contained on the Services or the content thereon. Special terms may apply to some products, services, features, or activities. Any such terms are in addition to this Agreement, and, in the event of a conflict, such terms shall prevail. You may not damage, disable, overburden, or impair the Services or in any way or manner interfere with any other party’s use and enjoyment of the Services.
Furthermore, you may not under any circumstances:
- Publish any material from this Website in or on any other media, including but not limited to “framing,” “mirroring,” or otherwise incorporating any part of the Services into any other website, mobile application, product or service without LMC’s prior written authorization;
- Use the Services or content for any illegal or improper purpose;
- Sell, sublicense and/or otherwise commercialize any material found on this Website;
- Reproduce, modify, add to, perform, display, disclose, archive, upload, broadcast, or exploit any part of this Website or the content thereon in any medium, either directly or indirectly, without prior express written permission from LMC;
- Use this Website in any way that may be damaging to this Website;
- Use this Website in any way that restricts or impacts user access to this Website, including but not limited to accessing the website through any automated system (“robots,” etc.);
- Engage in any data mining, data harvesting, data extracting, or any other related activity in relation to this Website;
- Use this Website to engage in any form of advertising or marketing.
If it is reasonably determined that a history or current activity on any account shows signs of fraud, abuse, or suspicious activity, LMC may cancel any such account. If any user conducts any fraudulent activity, LMC reserves the right to take any necessary legal action and such user may be liable for LMC’s monetary losses, including litigation costs and damages.
Proprietary Rights and Intellectual Property: The Services and the content are the sole and exclusive property of Company and/or its licensors. You hereby agree not to modify, reproduce, duplicate, distribute, copy, sell, resell, or exploit for any improper or illegal purpose, any portion of the Services or the content contained herein unless expressly authorized to do so by LMC in writing. You hereby acknowledge and agree that as between you and LMC all right, title, and interest in and to the Services and the content therein, including without limitation any patent right, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Company. Use of the Services or the content thereon in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.
Furthermore, any unauthorized use of any LMC trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws.
User Comments: Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (“Comments”) in areas of the website. LMC does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of LMC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, LMC shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Company reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions. You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; and
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
Furthermore, you hereby grant to Company a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any and all of your Comments in any and all forms, formats or media.
Warranty Disclaimer: THE SERVICES AND CONTENT AND ANY GOODS OR SERVICES OFFERED OR SOLD THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK.
SPECIFICALLY, THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. LMC DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS PUBLISHED ON THE SERVICES. LMC EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SERVICES, INCLUDING SELECTIONS MADE UNDER AN INCORRECT PRICE.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUSTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES AND CONTENT ARE FREE OF VIRUSES AND/OR OTHER HARMFUL CODE(S).
In no event shall LMC and/or their affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with your access to, display of or use of the Services or with the delay or inability to access, display or use the Services, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statuses, or otherwise, and even if LMC and/or their affiliates have been advised of the possibility of such damages.
If, despite the limitation above, LMC or their affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of LMC and/or their affiliates will in no event exceed the amount paid by you to LMC in the past six (6) months, or Five Hundred and 00/100 Dollars ($500.00) or the equivalent in local currency.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.”
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of LMC and/or their affiliates.
In consideration for your investment and attendance in the program, Lindsey Mango Coaching (“LMC”) offers this conditional guarantee contingent upon the following terms and conditions. LMC guarantees that you sign a minimum of 5 clients within six calendar months of your enrollment date, or you will receive your money back within 90 days of documenting the following conditions. To qualify for the guarantee, you must: document you have completed every worksheet in the entire process/program and completed the homework that goes with each step; be present for 75% of the live coaching sessions (a total of 9 sessions over 6 months); seek help by posting in the community at least once per week; complete all videos offered in the program.
Indemnification: You hereby agree to indemnify and hold harmless LMC and its affiliates, successors, and assigns, and each of their respective directors, officers, employees, agents, service providers and partners (“Indemnified Parties”) from and against any and all demands, losses, liabilities, claims, or expenses, including reasonable attorneys’ fees, made against LMC by any third party due to, arising out of, or in connection with your use of the Services and/or any breach of this Agreement.
Under no circumstances shall LMC and/or its affiliates be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Website.
User Eligibility: By using the Services, you represent and warrant that (i) all registration information you submit, if any, is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are thirteen (13) years of age or older; and (iv) your use of the Services does not violate any applicable law or regulation.
Enforcement: Company shall have the right, but not the obligation, to strictly enforce this Agreement through self-help, community moderation, active investigation, litigation and/or prosecution. This Agreement shall be governed by, and will be construed under the laws of the State of Indiana, without regard to choice of law principles.
Those who choose to access the Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent that local laws are applicable.
YOU AGREE THAT NO CLAIM(S) ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES MAY BE BROUGHT AS A GROUP OR CLASS ACTION. The failure of LMC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Force Majeure: Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of LMC, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond LMC’s control, such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental acts, failure of common carriers (including the Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
Severability: Any term or provision found in these Terms that is deemed to be invalid or unenforceable under applicable law shall not affect the validity or enforceability of the remaining terms and provisions herein.
Information Collection, Use and Sharing
You expressly agree that your use of the Services and Content is at your sole risk. All information and data on the Services are the property of LMC and/or its licensors and is protected by copyright laws. LMC is the sole owner of the information collected on this site. What information we collect: Company may ask for and collect from you personally identifiable and other information at certain points throughout the Services. Depending on the information and/or services you request, you may be asked to provide your name, email address, zip code or other information which may be used for authentication. Company only has access to/collects the information that you voluntarily give Company via email or other direct contact from you. Please do not post any personal information throughout the Services if you expect to keep it private. LMC will not sell or rent this information to any third party.
Company’s primary goal in collecting information is to provide you with a customized experience when visiting the Services and to enhance the value of the Services through content and resources. LMC may disclose your personally identifiable and other information to another entity (i) for the purpose of outsourcing Services operations or activities; (ii) to confirm or update information provided to you; (iii) to inform you of important information; and/or (iv) as a part of a sale of assets as described herein. We may also share your information (a) to comply with any relevant legal process; (b) enforce our rights; or (c) to protect the rights, property or safety of LMC, any individual, or the public. In the event of the sale of some portion of or all of Company, customer information may be transferred as a business asset.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. Furthermore, contact us via email if at any time you would like to do the following:
- See what data Company has about you, if any;
- Have Company delete any data Company has about you;
- Express any concern you may have about Company’s use of your data.
California Privacy Rights
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third parties for direct marketing purposes. Please do so through the “Contact Us” portion of this Website.
LMC’s services generally require users to be at least 18 years of age. Children under the age of 13 are not permitted to use LMC’s site. Company does not knowingly collect information from children under the age of 13, nor does Company use plug-ins or ad networks that collect personal information through child-oriented third-party websites or other online services.
Lindsey Mango Coaching, LLC. is located in the United States. Our sites and services are administrated and hosed in the United States, and intended for users in the United States. If you are accessing this website outside of the United States, please be aware that the information you provide to us or that we obtain through this site may be processed in and stored in the United States and will therefore be subject to United States law. Please be advised that the privacy and data protection laws and regulations of the United State may differ from those of your country of residence.
By continued use of our site or by providing us with your information, you hereby consent to the transfer of your information to the United States for processing and storage.
Agreement for Mango Magic
LindseyMangoCoaching.COM – GROUP COACHING AGREEMENT WITH TERMS AND CONDITIONS
LAST UPDATED DECEMBER 4, 2018
Welcome to Lindsey Mango Coaching (“LMC” or “Company”). By signing up for MANGO MAGIC in the LindseyMangoCoaching.com MANGO MAGIC BUSINESS ACADEMY Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service” or “Agreement”). These Terms of Service constitutes the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to LindseyMangoCoaching.com (the “Website”), the content and products provided by or through the Website (“Content”), and the subject matter of this Agreement.
Violation of any of the terms below will result in the termination of your Account and forfeiture of any payments already made before the violation. You agree to use the MANGO MAGIC BUSINESS ACADEMY Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must live in the United States or a country with a tax treaty with the United States.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. LindseyMangoCoaching.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for any and all content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction, including but not limited to copyright laws.
- You may not issue any press release with respect to these Terms of Service or your participation in the Program; such action may result in your termination from the Program.
You may not in any manner misrepresent or embellish the relationship between us and you, Website development or ownership, expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause or otherwise misrepresent LMC’s products or services.
User Eligibility: At LMC, we care about the safety of children and will not knowingly let anyone under the age of 13 years of age to provide us with any personal identifying information. The Website is not directed toward children under 13 years of age, nor does LindseyMangoCoaching.com knowingly collect information from children who are under 13 years of age. If you are under 13, please DO NOT submit any personal identifiable information to LindseyMangoCoaching.com. By using this Website, you represent and warrant that (a) all registration information that you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of said information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.
Scope of Services: It is agreed that LMC will provide coaching to you, the client, by engaging in a six (6) calendar month commitment to coaching. Every week, LMC shall release new training material to guide you through that week’s theme. Upon registration and payment, you shall have immediate access to the community, allowing you limited lifetime access to LMC’s video portal. In addition to the video training tools and live coaching, you shall also receive journal prompts and other work to go along with the training for an enhanced understanding of the material.
Furthermore, you will be granted access to closed Facebook groups for additional education and materials for the duration of your six (6) month period in MANGO MAGIC BUSINESS ACADEMY. LMC shall release live video feeds twice a month via Facebook Live to actively coach you through the program and to answer questions you may have. The intent of such groups is to facilitate the coaching relationship, improve accountability, encourage members, celebrate progress and achievements, share materials and content, create a community for clients, and facilitate breakthroughs or transformations members may experience during their coaching. If Company, at their discretion, deems your behavior or content inappropriate, harmful, or offensive in any way you and/or the content may be removed from the group without notice.
Form of Payment: Payments shall be made by either in full through PayPal, or in installments through PayPal Autopayment. You hereby agree to pay Company Two Thousand and 00/100 Dollars ($2,000.00) in full via PayPal, or to make six (6) monthly installments to be made on the 1st of the month of Three Hundred Fifty and 00/100 Dollars ($350.00) via PayPal Autopayment for the coaching services offered by Lindsey Mango Coaching per the terms of this Agreement. You, the client, hereby accept and understand that no refunds shall be issued in the event you do not fully complete the MANGO MAGIC BUSINESS ACADEMY Program.
Copyright and Limited Right to Use: This Website and the Content, organization, graphics, design, compilation, and other matters related to the Website are the sole and exclusive property of LMC, and therefore protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as expressly permitted herein, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting by LindseyMangoCoaching.com of information or materials on the Website does not constitute a waiver of any right in such information and materials. You hereby agree to not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any portion of the Website or the Content herein other than as expressly authorized by Company in writing. You further agree that as between LMC and you, all right, title, and interest regarding the Website and the Content thereon, including without limitation any patent rights, patents, business methods, copyrights, trade secrets, inventions, “know-how,” and any and all other intellectual property rights pertaining thereto, shall be owned exclusively by LindseyMangoCoaching.com. Use of the Website or the Content thereon in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.
Unauthorized Use and Assignability: You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company. Furthermore, you may not sub-license, assign, or transfer this license to anyone else without prior written consent from us. Your right to use the Website and the Program thereon is not transferable. Any password or right given to you to obtain information or products from the Website is not transferable.
You further agree not to post, email, or otherwise make available content:
a) that is unlawful, infringing; harmful, threatening, abusive, harassing, stalking, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct;
c) that impersonates any person or entity, including, but not limited to, a Lindsey Mango Coaching officer or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
d) that includes personal or identifying information about another person without that person’s explicit consent;
e) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
f) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g) that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use the Website;
h) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website; or
i) collect personal data about other users for commercial or unlawful purposes, by automated or non-automated means.
Account Password and Security: This Program may contain some features that require registration. When asked to register for additional access, you may select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You hereby agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Company of any unauthorized use of your password or account or any other breach of security. LMC shall not be liable for any loss or damage arising from your failure to comply with this section of the Agreement.
This Website is protected by U.S. and international copyright laws. Except for your use as authorized herein, you may not modify, reproduce, or distribute the content, design, or layout of the Website, or any individual sections of the Content, design, or layout of the Website without Company’s express prior written permission.
California Residents: If you are a California resident, you are entitled by law to request an Information Sharing Disclosure. If you request it, we will provide you with a notice of your right to prevent sharing of your personal information as well as a cost-free means of doing so. To receive such a notice, please submit a request to the email address listed in the Contacts section below, specifying that you seek your “California Customer Choice Notice.” Please allow thirty (30) days for a response.
The Account May Be Blocked or Terminated in the Following Cases:
1. Company retains the right to terminate an account without giving any prior notice for any and all violations of the terms of this Agreement. Termination of an account is at the sole discretion of Company, and any lack of termination should not be constituted as a waiver of that right.
2. You may request your account termination.
3. You may not use your account on this Website to link in any contextual advertising, for example, Google AdWords.
4. You may not display LMC content in an iframe on your own domain.
5. You may not sell or assign your account in temporary or permanent use to another person without the prior written consent of LMC.
NOTE: The payments already made in association with your use of this Website and the Content herein shall not be refunded with termination.
Relationship of Parties: Nothing in these Terms of Service will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section.
Disclaimers and Limitation of Liability: We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. You are solely responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses or other harmful code.
Products, information and other content available from or through the Website are provided “AS-IS,” “AS AVAILABLE,” and all warranties, express or implied, are disclaimed. To the fullest extent permissible pursuant to applicable law, LMC disclaims all warranties express or implied, including, but not limited to, (a) that any product or information available from or through the site, or the site itself will be merchantable or fit for a particular purpose, (b) that any product or information available from or through the site, or the site itself will be uninterrupted or error-free, (c) that defects will be corrected, (d) that there are no viruses or other harmful components, (e) that the security methods employed will be sufficient, (f) regarding correctness, accuracy, or reliability, or (g) against interference with your enjoyment of the products or information, or against infringement. All ‘information,’ products, and/or services provided in the course of this Agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you as the user. Goods and services offered through this Website are “AS IS” without any warranties of any kind.
Company disclaims all liability whatsoever for your use of any information or other content available from or though the site, or the site itself, whether based in contract, tort (including negligence), strict liability, or otherwise, and further disclaims all losses, including without limitation indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the Website, the Content, or the goods offered or sold through the Website, even if Company has been advised of the possibility of such damages.
Furthermore, Company shall not be held liable for any compensatory, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor for any third party claims of any nature, even if advised of the possibility of such damages or claims. The negation of damages set forth above are fundamental elements of the basis of the Agreement between us and you. The information and other content available from or through the site, and the site itself, would not be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.
Except as expressly provided in these Terms of Service, we make no guarantees, representations or warranties of any kind or nature, express or implied, with respect to the coaching services agreed upon per the terms herein. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. You, the client, agree to and hereby waive and release Lindsey Mango Coaching, LLC. from any and all claims against Lindsey Mango Coaching, LLC. of any nature or any kind arising out of, directly or indirectly, the terms, conditions, or provisions herein, including, but not limited to any direct, indirect, punitive, or consequential loss or damage of any kind or type. Furthermore, you, the client, acknowledge and understand that Lindsey Mango Coaching, LLC. makes no representations or guarantees to you regarding your future earnings, profitability, or business success. You, the client, fully understand and acknowledge that the MANGO MAGIC BUSINESS ACADEMY and Lindsey Mango Coaching, LLC. do not guarantee specific results through any participation in this Program.
Indemnity: You shall indemnify, defend and hold Company, its affiliates and each of the officers, directors, employees, agents and representatives of LMC and its affiliates harmless from any and all losses incurred or suffered by such LMC Indemnitees arising out of, or in connection with, any third party claim based upon or arising out of (i) any breach of this Agreement by you; (ii) your gross negligence or willful misconduct; or (iii) infringement or other violation by you of a third party’s privacy rights, publicity rights or other proprietary rights.
Force Majeure: LMC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of LMC, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond LMC’s control such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
Enforcement: LindseyMangoCoaching.com shall have the right, but not the obligation, to strictly enforce this Agreement through self-help, community moderation, active investigation, litigation and/or prosecution. This Agreement shall be governed by, and will be construed under, the laws of the State of Indiana, without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of Clarke, in the State of Indiana, to settle any dispute which may arise out of, under, or in connection with this Agreement. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws and if and to the extent local laws are applicable. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of Clarke, in the State of Indiana, to settle any dispute which may arise out of, under, or in connection with this Agreement. YOU AGREE THAT NO CLAIM ARISING OUT OF THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A GROUP OR CLASS ACTION. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Miscellaneous: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. LMC’s failure to act with respect to any failure by you or others to comply with this Agreement does not waive LMC’s right to act with respect to subsequent or similar failures. These Terms of Service set forth the entire understanding and agreement between you and LMC with respect to the subject matter hereof; provided, however, that it shall be read in conjunction with any other LMC user agreement(s) entered into by you. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within sixty (60) calendar days after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of LMC, and any assignment or transfer in violation of this provision shall be null and void. LMC reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without right to block access from a particular internet address.
You, the client, accept and understand that access to LMC’s video portal is limited to the duration of this website. In the event of dissolution of the Company, or termination of this website, access to these videos shall cease.