Spectrum Transition Coaching LLC Course Terms of Service

 

OVERVIEW

This website is operated by Spectrum Transition Coaching LLC. Throughout the site, the terms “we”, “us” and “our” refer to Spectrum Transition Coaching LLC. Spectrum Transition Coaching LLC offers this website, including all information, tools, and Services (defined below) available from this site to you, the user, on your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting, accessing, or using our website and/or purchasing something from us, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Services on our website. By accessing our Services or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to the Terms, then you may not access the website or use our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current website are subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

SECTION 1 – WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You shall not use our products for any illegal or unauthorized purpose. In using the Service, you shall not violate any laws in your jurisdiction (including but not limited to copyright laws).

You shall not transmit any worms or viruses or any code of a destructive or deleterious nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

With the exception of credit-card information, which is always encrypted during transfer over networks, you understand that your content (not including credit-card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You shall not (a) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, (b) modify, translate, or create derivative works based on the Services, and (c) without Spectrum Transition Coaching LLC’s express written permission, use the Service or access the Service or any contact on the website through which the Service is provided.

The headings used in the Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

In exercising discretion, Spectrum Transition Coaching LLC may solely consider its own interests, financial or otherwise, disregarding your interests and the interests of any other person or entity.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. You agree that Spectrum Transition Coaching LLC is not providing any legal, medical, or psychiatric advice or any advice for which a practitioner must be licensed or certified. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities. All sales are final.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at Spectrum Transition Coaching LLC’s sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit-card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and are not liable or responsible for, any third-party materials, products, services, or websites.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you transact. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK, GRANT, AND CONDITIONS

If you choose to provide feedback, including any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our Services, site, proposed services, documentation or business (“Feedback”), we will own and may use such Feedback without any restrictions and obligations to you, and you hereby waive any claim you have to ownership and compensation, monetary or otherwise.

You grant us a non-exclusive right to use your trade names, trademarks, service marks, trade dress and logos to promote our Service.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual-property rights or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We are not responsible and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION; PRIVACY POLICY

Your submission of personal information is governed by the following privacy policy.

Spectrum Transition Coaching LLC uses the platform Thinkific to host online courses and communities. You may review Thinkific’s privacy policy using the following link: https://www.thinkific.com/privacy-policy/

You agree that Spectrum Transition Coaching LLC is not liable or responsible for Thinkific’s violation of Thinkific’s privacy policy.

When you register for a Spectrum Transition Coaching LLC course or community, Spectrum Transition Coaching LLC collects data about you from which you can be identified—such as your name and email address—and any data you submit through Thinkific.

Spectrum Transition Coaching LLC will not share the data about you from which you can be identified, except as set forth below.

Spectrum Transition Coaching LLC may use data collected from users for marketing purposes—such as responses to quiz questions and other information you voluntarily upload—in which case Spectrum Transition Coaching LLC will redact or delete data about you from which you can be identified, unless you give your permission for Spectrum Transition Coaching LLC to use such data about you from which you can be identified.

You agree to receive periodic emails from Spectrum Transition Coaching LLC. You may unsubscribe from these emails at any time.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product-shipping charges, product-transit times, and product availability. We reserve the right, at any time and without prior notice (including after you have submitted your order), to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. A specified update or refresh date applied in the Service or on any related website does not indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, the following general conditions apply to your use of the Services:

You are responsible for your conduct and activity when using our website. You shall not, and shall ensure that you do not, either directly or indirectly:

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that, without notice to you, we, from time to time, may remove the Service for indefinite periods of time and, at any time, may cancel the Service.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Spectrum Transition Coaching LLC or Spectrum Transition Coaching LLC’s directors, managers, owners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred or suffered as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of such error, omission, loss, or damage.

SPECTRUM TRANSITION COACHING LLC’S MAXIMUM LIABILITY TO YOU, REGARDLESS OF THE THEORY OF RECOVERY—WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE—IS THE AMOUNT ACTUALLY PAID BY YOU TO SPECTRUM TRANSITION COACHING LLC.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Spectrum Transition Coaching LLC and Spectrum Transition Coaching LLC’s parent, subsidiaries, affiliates, partners, officers, directors, managers, owners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

If a court determines that any provision of these Terms of Service is unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion is to be deemed severed from these Terms of Service, such determination not affecting the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

The obligations and liabilities of the parties incurred before the termination date survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, in which event you will remain liable for all amounts due up to and including the date of termination, and/or deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

Spectrum Transition Coaching LLC’s failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

These Terms of Service are to be interpreted as having been jointly drafted by the parties, and they are not to be construed in favor of or against any party because of draftsmanship.

SECTION 18 – GOVERNING LAW, JURISDICTION, LEGAL FEES, AND WAIVER OF JURY TRIAL

These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, irrespective of Commonwealth of Virginia’s choice-of-law rules or principles.

If litigation ensues regarding this agreement, the parties agree to the exclusive jurisdiction of the state courts of the Commonwealth of Virginia, in the locale of Fairfax County, Virginia, or the United States District Court for the Eastern District of Virginia, if that federal court has jurisdiction. Each party submits to the personal jurisdiction of such courts.

If, in such litigation, Spectrum Transition Coaching LLC is the prevailing party, the court is to award Spectrum Transition Coaching LLC its reasonable costs of litigation, including but not limited to attorneys’ fees and costs and expert-witness fees and costs. In determining whether Spectrum Transition Coaching LLC is the “prevailing party,” the court is to consider the relief requested and received by Spectrum Transition Coaching LLC and the liability avoided by Spectrum Transition Coaching LLC.

Notwithstanding the foregoing, if (1) Spectrum Transition Coaching LLC offers, in writing, to compromise some or all of your claims, (2) you do not accept the offer within ten days after receipt, and (3) you fail to obtain a judgment—on the claims that Spectrum Transition Coaching LLC offered to compromise—more favorable you than the unaccepted offer, then Spectrum Transition Coaching LLC will be deemed the prevailing party. The unaccepted offer of compromise is admissible in evidence only if you fail to obtain a more favorable judgment.

WITH RESPECT TO ANY CLAIMS RELATING TO THE SERVICES OR THE TERMS OF SERVICE, AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, OR OTHERWISE, THE PARTIES WAIVE ANY RIGHTS THEY MIGHT HAVE TO A TRIAL BY JURY.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

Our contact information is posted below:

Spectrum Transition Coaching LLC, 8921 Kenilworth Drive, Burke, VA 22015

SECTION 21 – NO-REFUND CLAUSE

We do not offer refunds for any products or services purchased through our website unless explicitly stated otherwise. All sales are final.


 

 

SECTION 22 – WAIVER OF RIGHT TO CHALLENGE

You waive the right to contest or challenge the validity or enforceability of each provision of the terms of service, and you shall not contest or challenge the validity or enforceability of any provision of the terms of service.