Terms and Conditions
MOXIE COACH, LLC (“Moxie Coach”) provides professional coaching services via an interactive website (“Moxie Coach Website”). These Terms and Conditions (“Terms and Conditions”) form a legal agreement between MOXIE COACH, LLC and you concerning your access to and use of the Moxie Coach Website. You acknowledge that you have read and understand the Terms and Conditions in their entirety, accept the Terms and Conditions and agree to be bound by them.
Access to the Moxie Coach Website. In order to use the Moxie Coach Website, you will be asked to register an account and create login information, including without limitation, a username and password. You must not disclose this information to any third party and notify Moxie Coach of any unauthorized use of your account.
Equipment. All users of the Moxie Coach Website must have access to a computer and internet. These items will not be provided by Moxie Coach.
Payment. Payment must be made via an ACH payment with a debit card or credit card accepted by Moxie Coach (“Payment Method”). By providing a credit card, you are expressly agreeing that Moxie Coach is authorized to charge to the Payment Method any fees for services, together with any applicable taxes. You further agree that this authorization to charge your Payment Method shall remain in effect until you cancel it in writing and you agree to notify Moxie Coach of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for any services.
Billing. Moxie Coach may change the price for services, including recurring subscription fees, from time to time and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription or billing period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Moxie Coach Website after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by unsubscribing from the paid subscription or terminating the services prior to the price change going into effect.
Use Restrictions. You are specifically restricted from all of the following:
- Publishing any Moxie Coach Website material in any other media
- Plagiarizing or selling any Moxie Coach Website content
- Sublicensing and/or commercializing any Moxie Coach Website content
- Publicly performing and/or showing any Moxie Coach Website material
- Using the Moxie Coach Website in any way that is or may be damaging to the website
- Using the Moxie Coach Website contrary to any applicable laws and regulations, or in any way that may cause harm to the website or to any person or entity
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Moxie Coach Website
- Using the Moxie Coach Website to engage in any advertising or marketing that promotes any other business interest other than professional coaching
- Transmitting any message or information that is defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful
- Engaging in unauthorized spidering, scraping, harvesting or any other unauthorized means to compile content or personal information
- Taking any action that imposes an unreasonable or disproportionately large load on the Moxie Coach network or infrastructure
- Engaging in any type of predatory behavior
IP Confidentiality. The content on the Moxie Coach Website and any related Moxie Coach materials are the property of Moxie Coach. Moxie Coach grants you a limited, non-exclusive, revocable and non-transferable license to use the Moxie Coach Website in accordance with these Terms and Conditions. Moxie Coach is the sole and exclusive owner of the Moxie Coach Website, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Website and related Moxie Coach materials.
User Content. User Content shall mean any audio, video text, images or other material that you choose to display on the Moxie Coach Website. By displaying User Content, you grant Moxie Coach an exclusive and irrevocable license to use, reproduce, adapt, publish, translate and distribute the User Content in any and all media. User Content must be original and not infringe on the rights of any third party. Moxie Coach reserves the right to remove any User Content from the Moxie Coach Website at any time in its sole discretion.
Minors. In order to use the Moxie Coach Website or obtain services from Moxie Coach, you must be 18 years or older, or have your parent or legal guardian’s consent to any services and the Terms and Conditions.
Termination. Notwithstanding anything to the contrary in these Terms and Conditions, Moxie Coach reserves the right, without notice and in its sole discretion, to terminate your license to use the Moxie Coach Website or related materials and to block or prevent your future access and use.
Disclaimer. The Moxie Coach Website is provided “as is” with all faults. Moxie Coach disclaims all warranties, express, implied or statutory, including without limitation, implied warranties of merchantability, fitness for a particular use or purpose, title and non-infringement as to the information and content of the Moxie Coach Website or related materials. Moxie Coach does not warrant that the content on the Moxie Coach Website is accurate, complete, reliable or error-free. Moxie Coach does not represent that the Moxie Coach Website or its host server is free of viruses or other harmful components. Moxie Coach is not responsible for typographical errors or omissions relating to pricing.
Indemnification. You agree to defend, indemnify and hold harmless Moxie Coach, its shareholders and its/their affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Moxie Coach Website , services and any User Content you post, store or otherwise transmit on or through the Moxie Coach Website.
Governing Law. These Terms and Conditions and any question, dispute, or other matter related to or arising from the Terms and Conditions or any other conflict arising from the use of the Moxie Coach Website, shall be governed and construed in accordance with the laws of the State of Florida.
No Third-Party Beneficiaries. Nothing in the Terms and Conditions is intended to confer rights to any person, other than the parties hereto and their respective successor and permitted assigns. Nothing in the Terms and Conditions is intended to relieve or discharge the obligations or liabilities of any third persons to any party hereto or to give any third party any right of subrogation or action over or against any party hereto.
Assignment Prohibited. These Terms and Conditions are personal to you and are not assignable, transferable, or sublicensable by you. Moxie Coach may assign, transfer or delegate any of its rights and obligations hereunder without your consent.
Entire Agreement. These Terms and Conditions contain the entire agreement between you and Moxie Coach. They supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. No terms, provisions or conditions of any purchase order, acknowledgement or other business form that either party may use in connection with the transactions contemplated by these Terms and Conditions will have any effect on the rights, duties or obligations of the parties, or otherwise modify these Terms and Conditions. The Terms and Conditions may not be amended, except by a writing signed by both parties.
Severability. If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions contained herein.
Changes to the Terms and Conditions. Moxie Coach may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. When a material change is made, Moxie Coach shall post the changes to the Terms and Conditions and will indicate at the top of this page the date that the Terms and Conditions were last revised. Any changes or modifications will be effective immediately upon the posting of the revisions. You hereby waive any right you may have to receive specific notice of such changes or modifications. In the event of a material alteration, Moxie Coach will email you notification at the email address that you have on file.
Contact Information. Should you have any questions about the Terms and Conditions or need to communicate with Moxie Coach , please contact us using the below contact details:
Moxie Coach, LLC
8311 56th Way N
Pinellas Park, FL 33781