Welcome to the website of Cara Kovacs Coaching. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
Cara Kovacs Coaching LLC, a California Limited Liability Company (“Cara Kovacs Coaching”, “us” or “we”) owns and operates this website and any other web services or products offered by Cara Kovacs Coaching now or in the future, including, but not limited to, its related social media platforms. By accessing, using, downloading, viewing this website, or any of its services, products, classes resources, podcasts, Content (defined below), and/or purchase of our Cara Kovacs Coaching consultations or programs (collectively, the “Site”), you hereby consent and agree to these terms and conditions (“Terms of Use”). The Terms of Use and Privacy Policy (please see here) (collectively, the “Terms”) govern your use of the Site, and other free materials and resources provided by the Site, and any other services or Products (defined below) we make available on this Site (collectively, the “Services”). These Terms constitute a legally binding agreement made by and between Cara Kovacs Coaching and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
If you do not agree to these Terms and to follow all applicable laws, then please cease access or use of the Site and Services immediately. If you have any questions about these Terms, please contact us by email at support@carakovacscoaching.com. If you access any Cara Kovacs Coaching Site on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest), you also consent to and agree to abide by the terms and conditions of that social media network.
HEALTHCARE ACKNOWLEDGEMENT & DISCLAIMER
Cara Kovacs Coaching is not a medical practice, and our principal, Cara Kovacs, is not a doctor and does not have any licenses as a medical care provider, psychologist, psychiatrist, or otherwise.
No aspect of Cara Kovacs Coaching’s Products or Services are meant to be a substitute for professional advice from your professional care provider, and Cara Kovacs Coaching makes no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or instruction provided through the Services. You are encouraged to consult with your healthcare provider or other professional care provider with any questions or concerns you may have regarding any health condition or any other condition that you may have before taking any action or engaging in any activity or program, including Cara Kovacs Coaching’s Services. You acknowledge and agree that when taking any action or participating in any activity, routine, or program that may be described in the Services that there is the possibility of physical injury, emotional distress, and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical or other professional advice or delay seeking it. Cara Kovacs Coaching’s Services should not be used in lieu of professional advice given by qualified medical professionals such as your doctor or other professional care provider. It is important that the Services are used only in conjunction with qualified medical guidance and guidance provided by other applicable professional care providers.
You hereby release Cara Kovacs Coaching and waive any and all claims against Cara Kovacs Coaching for any damages you may incur arising out of or related to your use of Cara Kovacs Coaching’s consulting Services, Site, or Products. You further agree to indemnify and hold harmless Cara Kovacs Coaching from any damages, liabilities, losses, or other claims incurred by Cara Kovacs Coaching and arising out of or related to your use of Cara Kovacs Coaching’s consulting Services, Site, or Products.
CONTENT ON THE SITE
Intellectual Property Rights. You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, podcasts, services and/or other information and materials, and selection and arrangements thereof is copyrighted work under the United States and other copyright laws, and is the property of or licensed by Cara Kovacs Coaching, made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to Cara Kovacs Coaching or other respective owners that have granted Cara Kovacs Coaching the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. Cara Kovacs Coaching reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our Site in whole or in part, other than as necessary for your own personal non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Cara Kovacs Coaching, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
Third-Party Content. Our Site contains Content that we create as may also include Content provided by third parties. We do not monitor, we do not endorse, and we are not liable for any third-party content. There may be some inadvertent inaccuracies or errors in the content, and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or located at third party URLs that may be posted on our Site. Cara Kovacs Coaching is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept responsibility for the content of such third-party sites.
Third-Party Services. Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Cara Kovacs Coaching will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy or its failure to adhere to its terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.
YOUR CONDUCT ON THE SITE
Eligibility. To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
Account Information. If you create an account, any information that you choose to provide us must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account or cause your account to fall out of good standing and we may cancel your account in our sole discretion. When you register with Cara Kovacs Coaching and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Cara Kovacs Coaching.
Feedback. If you send comments or suggestions about the Site to Cara Kovacs Coaching, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Cara Kovacs Coaching. No submission shall be subject to any obligation of confidence on the part of Cara Kovacs Coaching. Cara Kovacs Coaching shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
Prohibited Conduct. You agree not to copy or imitate the appearance, design, or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of Cara Kovacs Coaching, our affiliates and/or our business partners. You agree that you will not use our Site or its Content to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Cara Kovacs Coaching or any other person or entity;
Use the Service or Site or Products commercially;
Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site or Products (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
Interfere with or damage the Services, Site, Products, or underlying any technology;
Impersonate or misrepresent your identity or affiliation;
Attempt to obtain unauthorized access to the Services or Site;
Violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms;
Violate any law, rule, or regulation;
Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, software or hardware, third party websites or telecommunications equipment;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; or
Engage in any illegal activities.
Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
TERMS OF SALE FOR SERVICES
The following terms apply to your purchase of Services and Products offered on the Site.
Services, Programs, and Events. Through the Site, certain programs, e-courses, and consulting services may be offered for purchase, all of which are referred to as Services. The fees for such Services are as listed on the Site. All fees are due at the time of booking the Services unless otherwise indicated on the Site, and Cara Kovacs Coaching will have no obligation to provide Services until such fees are paid. All Services and Products are subject to these Terms of Use.
Service Descriptions. We strive to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability, or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
Availability and Pricing. Cara Kovacs Coaching reserves the right to change the prices and available Services at any time. Quantities of some Services may be limited, and availability cannot always be guaranteed. Services offered for sale on this Site are for sale only in the United States, and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a Service’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Purchasing Products and Services. The display of Services on the Site invites you to make an offer to purchase the Services. Your order is an offer to buy the Services, which we accept only by providing the Services or confirming your request for Services. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction for any reason.
Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Service is unavailable or if the date of Services needs to be rescheduled. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar Products or Services to fulfill your order.
Rescheduling. Should you need to reschedule a one-on-one Services session, you may do so by providing 24-hour notice in advance of your session by emailing Cara Kovacs Coaching at magic@carakovacs.com. Sessions not canceled 24 hours in advance will be charged full price. Group Services sessions are not subject to rescheduling, and no refunds are granted if you are unavailable to attend.
Returns. We do not allow returns or substitutions of Services. All sales are final.
Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction, and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful, or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates, or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local, or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Personal Use Only. Services are for your personal use only. You agree not to sell or resell any Services you purchase.
No Harassment. You agree to treat Cara Kovacs Coaching and its principals, employees, and contractors in a professional capacity at all times, and Cara Kovacs Coaching reserves the right to suspend and terminate Services to you at any time without refund if Cara Kovacs Coaching feels unsafe or uncomfortable in any way.
Group Sessions. If the Services include any group sessions with third-party participants, you agree not to disclose, authorize disclosure, publish, post, circulate, or otherwise disseminate any information learned, disclosed, or obtained of any kind, relating directly or indirectly to any third-party participants present at the Services (“Confidential Information”). You further acknowledge and agree that although confidentiality is generally required of all group session participants, Cara Kovacs Coaching cannot guarantee that third-party participants present at the Services will maintain confidentiality of any information you share, and you hereby release Cara Kovacs Coaching from any and all claims associated with the disclosure of information you share at group sessions by a third-party participant.