These Terms & Conditions & User Agreement (also herein, “Terms and Conditions”, “terms and conditions”, “Agreement” or “agreement”) set forth how “Empowerment Enterprises, LLC” DBA “The Groove Coach” (also herein, the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you, the user (also herein, “you”, “your”, “user”, “User”, “member” or “Member”, that also here and elsewhere may be referred to as “visitor”, “subscriber”, “customer”, “VIP”, “affiliate” or “Affiliate”), agree to respect each other and each other’s property while and after you are using our website, pages and other information published through TheGrooveCoach.com, CoachKerrilee.com, GrooveDigitalAgency.com, YourGrooveCoach.com or CoachesDigitalAgency.com. The term “you” also includes, as applicable, any company, group or organization you may represent, which also is bound hereby, jointly and severally with you as an individual, with your attesting to have both its express and apparent authority to agree on its behalf to all of these terms and conditions.
COPYRIGHT & TRADEMARK NOTICE
Unless otherwise specified, all materials and content appearing on this site and otherwise used in Company’s business, without limitation including the text, site design, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2020-2021. ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for shopping on this site or for placing an order through this site and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.
USE AND RESTRICTIONS
DEFAMATION; COMMUNICATION DECENCY ACT NOTICE
This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for the content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of the content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Empowerment Enterprises, LLC
P.O. Box 551
Norwell, Massachusetts, 02061
Agent's Name/Email Address: Kerrilee Pietroski: [email protected]
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.10.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
LINKS TO THIS SITE
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
LINKS TO THIRD PARTY WEBSITES
PARTICIPATION IN PROMOTIONS OF AFFILIATES
You may enter into correspondence with or participate in promotions of affiliates promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such affiliate.
OTHER TERMS & CONDITIONS
REFUNDS & RETURNS
At Company’s sole discretion, Company may provide from time to time a refund and/or return policy for you for the products and/or services it provides to you. If or when Company may provide a refund/return policy, it does so in writing in its marketing materials for each of its products and/or services that it sells and/or provides to you, which policies Company may or may not provide for each of its products or services. If, for whatever reason, the Company does not provide a refund/return policy on its marketing materials for one of its products or services, then no refund or return shall be available for such product or service, as long as the Company already has made delivery or availability of the product or a materially complete rendering of its service to you. Coaching services and sessions are non-refundable once company has rendered service. Company’s refund/return policies may differ from product to product, service to service and/or from time to time, and these policies may change looking forward at any time at the Company’s sole discretion. You agree to make any requests for any available refunds or returns before or on any applicable deadline by email at the following address: [email protected], including the word “refund” or “return”, as applicable, in the subject line of your email. Prior to issuing or processing any form of refund and/or return that may be available, at Company’s sole discretion, it may require you to certify with it in writing that you already have fully completed and fulfilled your obligation hereunder to thoroughly search for, and to permanently delete and destroy, all of the digital or electronic Company-provided documents or materials, and to return (only at the Company’s sole discretion: and/or destroy) all physical Company documents or materials that are in your possession, including without limitation any or all copies or printouts you may have made of any Company documents or materials. You agree to make any such returns at your sole expense, with their arrival at the Company to be made prior to or on any refund deadline, without any material waste or breakage; the Company may await the safe arrival of your return before issuing any refund. Any breach by you of this Agreement shall immediately and completely disqualify you as to any refund that may have been available to you immediately prior to such breach. You agree and acknowledge that all of these terms and conditions are fair, equitable and reasonable to both parties, including without limitation the provisions of this Section 6.
POLICY FOR OUR GIVEAWAYS
· No purchase(s) necessary to win.
· Unless stated otherwise or delivery is electronic, giveaways are for U.S. residents only.
· Entrants must be natural persons of the age of majority in their primary country of residence, or in their other political subdivision of residence, as applicable.
· Winners are chosen at random, which typically means by a method employing the free tools available at www.random.org, or other similar tools; we also may choose a winner by awarding the prize to the first eligible person or persons to respond to our free call to action.
· Winners will be notified by email shortly after the giveaway ends. We are not responsible if a winner’s email inbox settings mark or categorize our notification email as junk, spam, or the like.
· Winners will have 48 hours to claim the prize or another winner may be chosen at our discretion.
· We may, at our discretion, make public on our site the first name and last initial of our giveaway winners, also making public their state and/or country of residence. All other contact information will remain private and will be destroyed after a winner is confirmed and their prize is confirmed as mailed.
· A winner’s tax considerations and any tax or tax-related obligations are entirely their own. Since all of our giveaways are for goods and/or services valued at less than US$600, we don’t and won’t be sending any winner a form 1099-misc for US income tax purposes.
· We reserve the right to end, extend, or change a giveaway for any reason and without prior notice.
· We reserve the right to consider any entrant ineligible who has been a winner in one of our giveaways in the last 12 months.
· In any of our giveaways of products from certain companies, we reserve the right to limit the pool of eligible entrants to those persons who are not wholesale members, affiliates, contractors or employees of those companies.
· Odds of winning in one of our giveaways depend on number of entrants.
· Void where prohibited by law.
This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: [email protected] The Company sometimes accepts forms of affiliate sponsorship or other forms of compensation. We abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the topics or posts made in our website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we here pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our website are purely that person’s own opinion and not that of the Company. If you are interested in any product or service on our site that is not offered directly to you by the Company, you agree to verify any product claim, statistic, quote or other representation about such product or service with the manufacturer, provider or third party in question.
This agreement shall be construed under the laws of the State of Massachusetts without regard to conflicts of law principles.
SEVERABILITY & INTERPRETATION
Whenever possible, each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity, vagueness or applicability of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.
All obligations of the parties hereto contained in this agreement shall survive the expiration or termination of this agreement.
ARBITRATION & RELIEF IN EQUITY
All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration in the State of Massachusetts, USA or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration. Nothing in the foregoing shall in any way limit the Company from seeking to uphold and defend its rights and privileges contained in the terms of this Agreement or any other applicable agreement with its Users, Members or Affiliates, by requesting injunctive relief, administrative relief or any relief in equity, including, without limitation, remuneration for attorneys’ fees and/or other dispute-related costs, in a court of competent jurisdiction, by administrative proceeding or by any other legal means.
User agrees to defend, indemnify and hold harmless the Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death, and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of user’s use or misuse, whether intentional or negligent, of the Company’s content and information and from user’s breach of any of the terms contained in this agreement.
This agreement, and any other agreements we may enter into with you later, may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. You understand and agree that your accessing and using the information on this website constitutes your complete assent, and, as applicable, the assent of the company, group or organization you represent, to all of these terms and conditions, which shall be considered valid, binding and effective for all purposes.
The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement.
LAST UPDATED FEBRUARY 1, 2022
END OF TERMS & CONDITIONS & USER AGREEMENT
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