TERMS AND CONDITIONS
Welcome to Casey Rose Coaching!
These are the terms and conditions for:
(Hereinafter referred to as “Casey Rose Coaching”).
The following terms and conditions apply to the website, products and services offered by Casey Rose Coaching. This includes the mobile and tablet versions as well as any other version of Casey Rose Coaching accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.
Use of the website and purchase of products may only be made in accordance with these terms and conditions and all applicable local, national and international laws, rules and regulations.
Access to our courses and in-person trainings are intended for persons over the age of 18. It is the responsibility of parents and legal guardians to determine whether the content available in the courses is appropriate for their children under the age of 18 or minors in custody.
By using the website and purchasing courses or training in person, you represent and warrant that you have full right, power and authority to enter into these terms and conditions and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from agreeing to these terms and conditions.
You represent and warrant that your use of the website does not violate any applicable law or regulation. Casey Rose Coaching may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
By providing your e-mail address to Casey Rose Coaching, you agree that we may use your e-mail address to send you important communications about our services or products, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails. This option may prevent you from receiving emails related to Casey Rose Coaching.
Casey Rose Coaching offers online courses through the website. By purchasing our courses online, you are offering to purchase the courses for the advertised price indicated on the website at the time of purchase. Please check the description of the content and features of the courses before placing your order. Once the payment process is completed, the user will get access to the course and the corresponding resources.
When a user purchases a course online, Casey Rose Coaching will send an email to confirm the purchase and payment for the course. This confirmation email will also contain the invoice for the payment made.
Casey Rose Coaching may change or discontinue course availability at any time at its sole discretion. All new orders are considered separately and each is treated individually.
Courses can be paid by the following methods of payment:
- Credit/debit card (Visa, Mastercard, American Express, Discover)
Payments within the website will be processed through our payment processors Stripe and Kajabi. Payment for the corresponding course will be charged to your credit/debit card immediately upon completion of the payment process. Once the transaction is processed, we will send an electronic receipt of the transaction to the buyer's e-mail address.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be processed and stored securely and for the sole purpose of processing the purchase of the courses. Casey Rose Coaching reserves the right to contract any payment platform available in the market, which treats your data with the exclusive purpose of processing the purchase of the courses.
Users will be able to register and create an account on the website by entering a valid email address and creating a password. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Casey Rose Coaching of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. In no event may you use another user's account without prior authorization from Casey Rose Coaching. Casey Rose Coaching will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Casey Rose Coaching.
Casey Rose Coaching reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if it believes that you have violated any of these terms.
By accessing the website and purchasing the online courses, the user accepts personal responsibility for the results of the use of the information and content available in the courses. User agrees and represents that Casey Rose Coaching does NOT guarantee any benefits or positive results from the use of the information User obtains through the online courses. User further agrees that Casey Rose Coaching does not guarantee any positive results or benefits from the use of the information contained in the resources available through the website. Casey Rose Coaching provides the resources and content for informational and educational purposes only. You acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a variety of circumstances beyond Casey Rose Coaching's control. Your use or misuse of any content or information obtained through our courses and resources is at your own risk and responsibility. Casey Rose Coaching does not accept any claims for the use or misuse of information obtained through the courses or resources available through the website.
By purchasing our courses and using the information and content available in our courses and resources, you represent that you understand that physical exercise involves strenuous physical movements that may carry risks of physical injury. You understand that it is your responsibility to judge your physical capabilities for such activities. It is your responsibility to ensure that, when participating in the activities included in our courses and resources, you will not exceed your limits in the performance of such activities, and will select the level of exertion appropriate to your capabilities and abilities, as well as any mental or physical conditions and/or limitations you may have. You understand that, from time to time, Casey Rose Coaching may suggest exercises and fitness routines or the use of equipment, and it is your sole responsibility to determine whether such suggested exercises or equipment are appropriate for your level of physical and mental ability and condition. Casey Rose Coaching is not responsible for any physical injury you may suffer as a result of using the content available in our courses and resources. You expressly waive and release Casey Rose Coaching from any and all liability or claims in the event that an injury occurs as a result of using the information and content available in our courses and resources. It is recommended that before performing any physical exercise suggested in the content available through our courses and resources, you consult a health care professional to evaluate your physical condition.
Please note that Casey Rose Coaching does not provide medical advice. The information and content available in our courses and resources are not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. The information and content available in our courses and resources are not intended to diagnose, treat, cure or prevent any disease.
The content and copyrights of the courses and our resources are the exclusive property of Casey Rose Coaching. Casey Rose Coaching owns all text, images, music, videos, blog posts, reports, trademarks and other materials contained in the courses or resources available through the website. No content available in our courses and resources may be duplicated, distributed or used for unauthorized purposes without the express written consent of Casey Rose Coaching. Any unauthorized use of the content available on our courses and resources may give rise to claims and demands for copyright infringement by Casey Rose Coaching.
All materials on Casey Rose Coaching, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Casey Rose Coaching or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Casey Rose Coaching are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Casey Rose Coaching prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Casey Rose Coaching or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
8. COPYRIGHT INFRINGEMENT
Casey Rose Coaching will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Casey Rose Coaching respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that Casey Rose Coaching can find it on the website.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
9. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Casey Rose Coaching by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any part of our website for any purpose without our express written permission;
- "Frame", "mirror" or otherwise incorporate any part of the website into any other website or service without our prior written permission;
- Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Casey Rose Coaching in connection with the website.
- Evade, disable or otherwise interfere with security-related features of the website or features which prevent or restrict the use or copying of any content.
You agree to defend and indemnify Casey Rose Coaching and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your purchase of the courses.
11. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Casey Rose Coaching for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
12. CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
13. PERSONAL DATA
14. INTEGRATION CLAUSE
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the purchase of courses offered on the website, shall be resolved by binding arbitration between you and Casey Rose Coaching, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with your use of the website, purchase of the products or breach of these terms, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization, as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Casey Rose Coaching may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree not to file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of courses offered on the website.
The courts of the United States, specifically the courts located in the State of Hawaii, shall have jurisdiction over any dispute, controversy or claim relating to Casey Rose Coaching and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Hawaii.
16. FINAL PROVISIONS
These terms and conditions are governed by United States law. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
17. CONTACT INFORMATION
If you have any questions or concerns about these terms, please contact us through our contact form, our chat or through the following information:
Casey Rose Coaching.