The following Terms and Conditions of Use are entered into by and between You and Burnout Coach (“Company”, “we”, or “us”).
Please read these Terms and Conditions of Use (“TOU”) carefully before you start to use Burnout Coach Activities. You must agree to these TOU before you are permitted to use any Burnout Coach or https://dexrandall.com (“Website”) digital or downloadable resource, online course, one-on-one or group coaching, class, program, pre-enrollment promotional program or offer, workshop, training, video, member portal(s), form, poll, survey, drive, enter any online private forums operated by Burnout Coach (for any purpose), whether on a website or app hosted by Burnout Coach or a third-party website or app such as an online course platform or Facebook.com, participate in any workshop or challenge; attend any live (in-person) or virtual event hosted or promoted by Burnout Coach; and/or purchase or take part in any future service or activity offered by Burnout Coach, whether now known or unknown (collectively “Burnout Coach Activities” or “the Program”).
Burnout Coach Activities are offered and available to users who are 18 years of age or older. By using Burnout Coach Activities, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Burnout Coach Activities.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Burnout Coach, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “Burnout Coach” or “the Company”); (ii) any volunteers; and (iii) Dex Randall.
Changes To the Terms and Conditions of Use
We may revise and update these Terms and Conditions of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Burnout Coach Activities thereafter. Your continued use of Burnout Coach Activities following the posting of revised Terms and Conditions of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Your use of Burnout Coach Activities is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs Burnout Coach Activities and informs users of various limitations regarding the information provided on Burnout Coach Activities. Your agreement to the Disclaimer is hereby incorporated into these Terms and Conditions of Use.
Accessing Burnout Coach Activities And Account Security
We reserve the right to withdraw or amend Burnout Coach Activities and any service or material we provide on Burnout Coach Activities in our sole discretion without notice. We will not be liable if for any reason all or any part of Burnout Coach Activities are unavailable at any time or for any period. From time to time, we may restrict access to some parts of Burnout Coach Activities, or the entire Burnout Coach Activities, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Burnout Coach Activities or portions of such using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account/s at the end of each session. You should use particular caution when accessing your account/s from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions of Use.
No Unlawful Or Prohibited Use And Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Burnout Coach Activities and the resources available for download from Burnout Coach Activities strictly in accordance with these Terms and Conditions of Use.
As a condition of your use of Burnout Coach Activities, you warrant to the Company that you will not use Burnout Coach Activities or any of the resources available for download from Burnout Coach Activities for any purpose that is unlawful or prohibited by these Terms. You may not use Burnout Coach Activities or any of the resources available for download from Burnout Coach Activities in any manner that could damage, disable, overburden, or impair Burnout Coach Activities or interfere with any other party’s use and enjoyment of Burnout Coach Activities. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Burnout Coach Activities.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in Burnout Coach Activities, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in Burnout Coach Activities or any of the resources available for download from Burnout Coach Activities.
The Company content is not for resale. Your use of Burnout Coach Activities or any of the resources available for download from Burnout Coach Activities does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans may be trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans of Burnout Coach Activities may be the trademarks of their respective owners.
For Educational And Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained in Burnout Coach Activities and the resources available for download through Burnout Coach Activities are for educational and informational purposes only. The information contained in Burnout Coach Activities and the resources available for download through Burnout Coach Activities are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Accuracy And Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided in Burnout Coach Activities and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions in Burnout Coach Activities or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using Burnout Coach Activities, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in Burnout Coach Activities or the resources available for download from Burnout Coach Activities. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in Burnout Coach Activities.
No Guarantees As To Results
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended in Burnout Coach Activities or not. The Company provides educational and informational resources that are intended to help users of Burnout Coach Activities succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in Burnout Coach Activities are no guarantee that you or any other person or entity will be able to obtain similar results.
You understand and agree that Burnout Coach Activities are dedicated to assisting and supporting people in positively changing their personal and professional lives. Burnout Coach Activities do this by offering tools and services, to be implemented at the client’s own discretion. You understand that the aforementioned tools and services are NOT in any way considered to be medical advice or treatment. You also understand that the Company is NOT a personal healthcare provider in ANY form and you agree that you will seek proper medical treatment for your personal health. There has been no claim made that any of the aforementioned tools and services will directly change your current situation. You take full responsibility for any life changing effects or consequences, positive or negative, that this may or may not have and agree that positive feedback made by you pertaining to your use of Burnout Coach Activities may be used as social proof. You understand and acknowledge that choosing to work with Burnout Coach is indeed a choice and you understand that you will get back what you yourself put in towards your own growth, progress and transformation. The services, the entire relationship between yourself and the Company, and any litigation between yourself and the Company (whether grounded in contract, tort, statute, law, or equity) shall be interpreted, construed, and enforced in accordance with the laws of New South Wales, Australia. Should a dispute ever arise, you agree that prior to seeking arbitration, you will submit your complaint via e-mail to firstname.lastname@example.org for dispute resolution.
Email And Other Electronic Communications
Visiting the Website or engaging in Burnout Coach Activities or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and Burnout Coach Activities, satisfy any legal requirement that such communications be in writing.
Use Of Communication Services
Burnout Coach Activities may contain chat areas, news service, social media, elearning comments, shared drives or sheets, forms, polls, communities, calendars, podcasts, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided To Burnout Coach Activities
The Company does not claim ownership of the materials you provide to Burnout Coach Activities (including feedback and suggestions) or post, upload, input or submit to any Burnout Coach Activities or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links To Third Party Websites, Apps And Services
Burnout Coach Activities may contain links to other Websites, Apps and Services (“Linked Services”). The Linked Services are not under the control of the Company and the Company is not responsible for the contents of any Linked Service, including without limitation any link contained in a Linked Service, or any changes or updates to a Linked Service. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Service or any association with its operators.
Certain services made available via Burnout Coach Activities are delivered by third-party Linked Services and organizations. By using any product, service, or functionality originating from Burnout Coach Activities, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of Burnout Coach Activities’ users and customers.
Use Of Templates And Forms
The Company provides various templates and/or forms for download and/or sale in Burnout Coach Activities. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
Use of Burnout Coach Activities, Paid Courses, Programs, and Associated Material
The Company from time-to-time provides various courses, programs, and associated material for sale in Burnout Coach Activities. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, apps and associated material (collectively the “Courses”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase, access or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
Use Of Free Downloadable Content
The Company provides various resources in Burnout Coach Activities, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Fremium Content you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
The Company may, from time to time, provide services or information from a third party in the form of guest coaching, guest instructor, a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to guest coach or guest instruct or substitute coach or appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
The Company may have guest coaches, guest instructors and/or coach substitutes participate and coach the programs. The Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of the Company’s choosing, to deliver, administer, and carry out all programs and activities, without providing advanced notice nor needing consent from any participant.
If a participant disagrees with or fails to consider the Company’s guest coach or coach substitute as qualified, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.
You agree to the fees and payment schedule selected at checkout.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Other than for Promotional Offers where participants are granted access to the Program(s) immediately upon payment to the Company, or as otherwise stated for any of Burnout Coach Activities, payment in full is required before you are permitted to participate in any Burnout Coach Activities. If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Burnout Coach Activities at any time or for any reason, you will remain fully responsible for the full cost of the Burnout Coach Activities and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Coaching Appointment Booking Policy
Any personal 3 month coaching program includes 11 coaching calls to be scheduled within 13 weeks from the first coaching call date.
You may be notified in your consult session or via email or during a coaching call or on the appointment booking page about the policy for scheduling appointments within the duration of your program.
Advanced Burnout Coach Certification (“ABC”) includes pre-scheduled calls. You will be notified of all scheduled call dates and times before the program commences. Appointment booking is not required for ABC calls.
Coaching Appointment Cancellation Policy
You may cancel a personal coaching appointment by clicking the Change/Cancel appointment button in your appointment reminder email or by logging in to your Acuity account and cancelling the appointment or by emailing email@example.com. Cancellations are accepted until 24 hours before your appointment. Late cancellations will forfeit that appointment – please notify by email firstname.lastname@example.org.
Advanced Burnout Coach Certification pre-scheduled calls cannot be cancelled.
Coaching Appointment Re-schedule Policy
You may re-schedule a a personal coaching appointment subject to availability by clicking the Change/Cancel appointment button in your appointment reminder email or by logging in to your Acuity account and re-scheduling the appointment or by emailing email@example.com to request a re-schedule. Re-schedules are accepted until 24 hours before your appointment. Late re-schedules will forfeit that apppointment – please notify by email firstname.lastname@example.org.
Advanced Burnout Coach Certification pre-scheduled calls cannot be re-scheduled.
Cancellation Of Membership Subscription
Certain of the Company’s products and services are offered on an ongoing basis with a monthly or yearly membership subscription or with a fixed term membership subscription. Users may cancel membership subscriptions at any time by emailing email@example.com.
Your membership subscription shall continue until the end of the existing membership subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation. Refunds will not be provided for subscriptions.
Money Back Guarantee
For the sale of certain products, the Company provides a money-back guarantee. That money-back guarantee is governed by the following terms, except to the extent that the terms of a specific product or service provide otherwise.
If, after purchasing the Burnout to Leadership 6 month or 3 month program for the first time and completing 30 days of that program, you feel you did not receive value, we will refund your purchase price paid, subject to you cancelling any appointments after the 30 days and submitting proof that you completed all the requested work during the 30 days. You may request your money back by emailing firstname.lastname@example.org within 40 days of date of purchase, including or attaching the work you completed and a reason for your request. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. Refunds are subject to a processing fee.
Refunds are not available for Burnout to Leadership follow-up coaching programs.
If, after purchasing Advanced Burnout Coach Certification and completing the entire pre-scheduled duration of that program and completing all requested work, you feel you did not receive value, we will refund your purchase price, subject to proof that you did all the requested work during the program. You may request your money back by emailing email@example.com within 7 days of the completion date of the pre-scheduled program, including or attaching the work you completed and a valid reason for your request. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. Refunds are subject to a processing fee.
If, after purchasing the Beat Burnout eCourse, you feel you did not receive value within 7 days of purchase, we will refund your purchase price. You may request your money back by emailing firstname.lastname@example.org within 7 days of program purchase, including a valid reason for your request. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. Refunds are subject to a processing fee.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms and Conditions of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, PDFs, slide shows, membership areas, social media groups limited to paying members, and other resources.
Upon receiving your requested refund, you understand and agree that you will not be able to re-join any Burnout Coach Activities in the future.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF BURNOUT COACH ACTIVITIES. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH BURNOUT COACH ACTIVITIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED IN BURNOUT COACH ACTIVITIES AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM BURNOUT COACH ACTIVITIES. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF BURNOUT COACH ACTIVITIES.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BURNOUT COACH ACTIVITIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN BURNOUT COACH ACTIVITIES AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON BURNOUT COACH ACTIVITIES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BURNOUT COACH ACTIVITIES, WITH THE DELAY OR INABILITY TO USE BURNOUT COACH ACTIVITIES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH BURNOUT COACH ACTIVITIES, OR OTHERWISE ARISING OUT OF THE USE OF BURNOUT COACH ACTIVITIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF BURNOUT COACH ACTIVITIES, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BURNOUT COACH ACTIVITIES.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to Burnout Coach Activities, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in New South Wales, Australia. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated and administered by the Company from our offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through Burnout Coach Activities in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use Burnout Coach Activities or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to Burnout Coach Activities and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to Burnout Coach Activities or the Terms and Conditions of Use pursuant to the Arbitration Clause above. Use of Burnout Coach Activities is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
No Joint Venture Or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of Burnout Coach Activities. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Burnout Coach Activities or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which Burnout Coach Activities are offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
The Company welcomes your questions or comments regarding the Terms:
Email Address: email@example.com
Effective as of 14th December 2023