Terms and Conditions
By checking the Terms and Conditions box, you agree to the following contract between Kris Plemmons and yourself, for the duration of your subscription.
I understand that I am working with Kris Plemmons for professional coaching at the agreed fee. I am paying this monthly retainer through the FloCoaching.com website, and it will renew on or around the same day each month. We will have standing scheduled times each week by telephone or meeting in person, as deemed most useful.
Additionally, we may have other interim though limited exchanges by telephone, vmail, email, without additional charge. If there are special circumstances or events that require significant time or an additional session, we can renegotiate rates.
All information will be held as confidential unless the client requests otherwise in writing.
Professional Coaching is distinctly different than counseling, psychotherapy, and psychoanalysis, and does not deal with the diagnosis or treatment of emotional problems. Since Professional Coaching does not constitute medical consultation or treatment, any healthcare insurance does not apply.
These fees may be considered deductible business expenses.
Flo Coaching, LLC. and/or its affiliates (“Flo”, “we” or “us”) operate an online store (“Flo Products”) located at www.flocoaching.com from which you may purchase products and services (“Flo Coaching Products page”).
These Terms of Use apply to the content and functionality of the Flo Coaching shop, and to the Flo Coaching Products.
1. Information that you provide to us
You may give us information about yourself when you visit the Flo Coaching Products page. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Flo Coaching Products page and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
2. Products, Content and Specifications
Details of the products and services available for purchase in the Flo Coaching Products page are set out in the page. All features, content, specifications, products and prices of products and services described or depicted in this Flo Coaching Products page are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Flo Coaching Products page due to the limitations of the systems that you use to access the Flo Coaching Products page. The inclusion of any products or services in the Flo Coaching Products page at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
3. Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via the Flo Coaching Products page. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
4. Your account
We may require that you create an account to access the Flo Coaching Products Page, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
5. Sanctions and export policy
You may not use the Flo Coaching Products page or purchase any Flo Coaching Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Flo Coaching Products page or any Flo Coaching Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
6. No warranties
We provide that all Flo Coaching Products are “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Flo Coaching or obtained by you from or through the Flo Coaching Products page – whether from Stripe or another entity, and whether oral or written – creates or implies any warranty from Flo Coaching to you.
Flo Coaching disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Flo Coaching Products page; (b) that the Flo Coaching Products will meet your specific needs or requirements; (c) that the Flo Coaching Products page will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Flo Coaching will correct any defects or errors in the Flo Coaching Products page; or (e) that the Flo Coaching Products page is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Flo Coaching Products page is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
7. Limitation of liability
Under no circumstances will Flo Coaching be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Flo Coaching Products page or for the unavailability of the Flo Coaching Products page, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Flo Coaching Products page, even if such damages are foreseeable, and whether or not you or Flo Coaching has been advised of the possibility of such damages. Flo Coaching is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Flo Coaching Products page or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Flo Coaching further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Flo Coaching Products page inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Flo Coaching Products page; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Flo Coaching Products page; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Flo Caoching in relation to the Flo Coaching Products page, Flo Coaching Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Flo Coaching during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
8. Disputes
a. Binding Arbitration: In the event that there is a dispute, claim, or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation, or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim, or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party’s intellectual property (which such dispute will be resolved in litigation before the United States District Court for the District of Colorado), will be determined by arbitration in Boulder, Colorado, before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys’ fees, and arbitration fees and costs). Where no party’s claim exceeds $25,000 (exclusive of interest, attorneys’ fees, and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of Colorado, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the District of Colorado to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms of Use.
Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.
c. Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.
d. Provision of an Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of Colorado. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in Boulder, Colorado. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.
e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing, and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
g. Conflict of Rules: In the case of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all the other provisions will remain valid and enforceable.
9. Applicable law
By using the Flo Coaching Products page, you agree that the laws of the state of Colorado, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Flo Coaching.
10. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of Flo Coaching Products page by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.
11. Our address
Flo Coaching.
4794 Lee Hill Dr.
Boulder, Colorado, 80302 USA
www.flocoaching.com
