BPP Coaching, Inc.
TERMS OF SERVICE
Updated as of April 27, 2020
DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS.
If you have any questions regarding these Terms or our Services, please email us at firstname.lastname@example.org.
NO MEDICAL, FINANCIAL, LEGAL, OR CERTIFIED COUNSELING ADVICE
BPP Coaching, Inc. offers wellness and educational services. Our programs provide training and intimacy skills for yourself or for your relationships and are not to be construed as medical, financial, legal, or certified counseling advice.
You agree that you are solely responsible for contacting or retaining the services of your chosen professionals, physicians, and/or health care providers to assist you in providing such medical, financial, legal, or certified counseling advice. You agree that You will remain responsible to be mindful of Your own wellbeing while receiving our Services and to seek medical treatment as needed. We do not provide any medical, nutritionist, or psychotherapy services. We are not responsible for any decisions made by you as a result of our recommendations made by us and/or any consequences thereof.
You Must Be 18 Years of Age.
You must be at least eighteen (18) years old to participate in any programs or Services offered by BPP Coaching, Inc.
The Services, including this Website, and all computer software in source code, object code or other form, databases, indexing, search, and retrieval methods and routines, hypertext markup language code, active server pages, intranet pages, and similar materials, and all intellectual property (IP) and other rights, title, and interest therein, including copyrights, trade secrets, rights in patents, compilations, inventions, modifications, derivative works, discoveries, improvements, processes, methods, designs and know-how, whether or not copyrightable or patentable, pertaining to any of the foregoing (all of which shall be deemed part of the Services), whether conceived by BPP Coaching, Inc., alone or in conjunction with others (collectively, “BPP Coaching, Inc. IP”), constitute BPP Coaching, Inc. trade secrets and Confidential Information, and the valuable IP and proprietary material of BPP Coaching, Inc. or its licensors are protected by applicable intellectual property laws of the United States and other countries. Except for the rights expressly granted to You in this Agreement, all rights in the Services and all BPP Coaching, Inc. IP, including any deliverables resulting from the Services and all intellectual property and proprietary rights thereto, are and shall remain solely owned by BPP Coaching, Inc. and its respective licensors and are hereby assigned to BPP Coaching, Inc. BPP Coaching, Inc. reserves all rights not expressly granted to You in this Agreement. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Limited License and User Account
We grant you a non-exclusive, non-transferable, limited revocable license to use the Website and Services solely for their intended purpose as described herein and as permitted by these Terms.
You agree not to disclose your password to your account to a third party and understand that any and all activity under your account are your responsibility.
We are not responsible for any information loss or damages resulting from system failure due to any external or internal devices, acts of nature, or acts of God.
Restrictions on Use
No content of the Website, including any other Internet site owned, operated, licensed, or controlled by us (“Content”) and no BPP Coaching, Inc. IP may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the program materials that we make available to you for such purposes on a single computer for your personal, non-commercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content or BPP Coaching, Inc. IP; and (c) do not use any Content or BPP Coaching, Inc. IP in a manner that suggests an association with any of our products, services or brands.
YOU MAY NOT USE the Website, nor permit any user to use the Website, to create, reproduce, upload, store, process, display, transmit or distribute information or data:
- for commercial purposes;
- that infringes or misappropriates a third party’s intellectual property or proprietary rights, including patents, copyrights, trade secrets and trademarks;
- that discloses confidential or trade secret information or materials in breach of a legal obligation not to disclose such information or materials;
- that violates or encourages conduct that would violate any applicable laws, including any criminal laws, or any third party rights, including confidentiality, publicity or privacy rights;
- that is obscene or excessively profane;
- that may be harmful to minors;
- that promotes or advocates hatred or violence, or promotes or encourages discrimination against or intolerance of any person or group based on race, ethnicity, religion, sex, sexual orientation or on any other basis which would constitute a violation of law;
- that advocates or provides instructions regarding computer hacking or cracking;
- related to phishing or other methods of identity theft;
- related to or consisting of illegal or malicious malware such as viruses, worms, time bombs, trojan horses and other harmful or malicious files, scripts, agents or programs;
- that is false and defamatory;
- constituting “fake news,” i.e., information of public interest depicted to be actual or true but known to be false, or which should reasonably be known to be false, for political or other purposes, except for satire;
- that generates unsolicited commercial email (spam), including, but not limited to, spoofing, imitating or impersonating BPP Coaching, Inc., creating false accounts for the purpose of sending spam, data mining, scraping or harvesting any web property, sending email to users who have requested to be removed from a mailing list, selling to, exchanging with, sharing with or distributing to a third party personal data, including the email addresses of any person without such person’s knowing and continued consent to such disclosure; or
- that launches any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or similar tools, that accesses the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- You may not circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content.
- You agree not to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or any part thereof, or rent, lease, loan, sell, distribute, or create derivative works based on the Website, in any manner, nor use or exploit the Website in any unauthorized way.
Any violations of the foregoing will constitute a material breach of the Agreement and may result in termination of this Agreement or suspension or termination of your account or access to the Website or Services.
Representations and Warranties
You acknowledge that BPP Coaching, Inc. does not guarantee your ability to achieve a specific outcome from our Services or events. Each person has varying degrees of awareness, skills and work ethic, and your level of participation, along with factors outside of our control will impact your level of success obtained from your efforts within our program offerings. You understand and agree that you are fully responsible for your own development and success during your use of our Services.
BPP COACHING, INC. AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED (IN FACT OR BY OPERATION OF LAW), REGARDING THE SERVICES, OR ANY MATTER WHATSOEVER.
BPP COACHING, INC. AND ITS LICENSORS DO NOT WARRANT THAT THE WEBSITE OR SERVICES ARE OR WILL BE ERROR-FREE, MEET CUSTOMER’S REQUIREMENTS, OR BE TIMELY OR SECURE. BPP COACHING, INC. AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND SERVICES, AND CUSTOMER HAS NO RIGHT TO MAKE OR PASS ON TO ANY THIRD PARTY ANY REPRESENTATION OR WARRANTY BY BPP COACHING, INC. THE WEBSITE OR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET OR ELECTRONIC COMMUNICATIONS. BPP COACHING, INC. IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE, LOSS OR LIABILITY RESULTING FROM SUCH PROBLEMS NOT CAUSED BY BPP COACHING, INC. CUSTOMER AGREES THAT ITS SUBSCRIPTION OR AGREEMENT TO THE SERVICES AND FEES DUE OR PAID UNDER THIS AGREEMENT ARE NEITHER CONTINGENT ON THE DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, NOR BASED ON ANY ORAL OR WRITTEN COMMENTS REGARDING ANY FUTURE FUNCTIONALITY OR FEATURES.
Payment for Services
If you purchase Services, you agree to provide us with accurate billing information. If any fees are past due, BPP Coaching, Inc. reserves the right to suspend your use of the Services at any time until all past due fees are paid in full. BPP Coaching, Inc. reserves the right to adjust its pricing at any time upon written notice. If any amount of payment owed to BPP Coaching, Inc. is thirty (30) or more days past due, BPP Coaching, Inc. may, without limiting its other rights and remedies: (a) accelerate your unpaid fee obligations hereunder such that they shall be immediately due and payable; and (b) suspend its provision of the Services to you until such amounts are paid in full. You shall reimburse BPP Coaching, Inc. for all reasonable costs incurred (including reasonable attorneys’ fees) in collecting past due amounts. BPP Coaching, Inc. reserves the right to charge you late fees, including additional interest or processing fees and bank fees for insufficient funds.
Refund and Cancellation Policy:
- For Come When You Want, She Comes Too, and Make Her Squirt Online Masterclasses:
Within 30 days of your purchase date, you may request and receive a full refund, provided that (i) you understand and agree that you will immediately be denied access to the program(s)or Services; and (ii) you shall destroy any materials obtained during your engagement in the program(s) or Services.
- One-on-One Coaching Program:
One-on-one coaching is a development program that includes ten (10) to twelve (12) sessions. All requests for cancellation must be made in writing by email and sent to email@example.com.
If you, as the client, withdraw from the program at any time, any outstanding payments will still be due per the program agreement. Payment in full will be accepted as well.
BPP Coaching, Inc. may, at its option and upon written notice, immediately terminate your participation or use of the Services or Website for any reason, including, but not limited to, if BPP Coaching, Inc. believes that your behavior is damaging to our reputation, or if there is a material breach by you. In such aforementioned cases, you will not be entitled to a refund.
For all requests for refunds, please provide your reason for such a request, as we value your feedback and would like to know how we can improve our Services.
EXCEPT AS SET FORTH ABOVE, OUR VIP AND COACHING PROGRAMS CANNOT BE CANCELED, AND SUCH PROGRAM WILL AUTOMATICALLY RENEW FOR A PERIOD OF THE SAME DURATION AS THE PROGRAM TERM IMMEDIATELY PRECEDING THE RENEWED TERM. EXCEPT AS SET FORTH ABOVE, YOUR PAYMENT OR DEPOSIT FOR SUCH PROGRAMS IS NON-REFUNDABLE.
- “Confidential Information” means: (a) information of a Party in all forms which derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, including these Terms (including pricing), as well as business and marketing plans, technology and technical information, and product plans and designs, and business processes disclosed by such Party; as well as (b) other information that is provided to or obtained by one Party and that is valuable to the other Party and not generally known by the public, in each Party’s case as to (a) and (b), whether disclosed orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Under all circumstances, even if not marked as such, Confidential Information of BPP Coaching, Inc. includes the non-public-facing elements of the Services, BPP Coaching, Inc.’s IP, and all elements and components and elements thereof, regardless of form, each of which consist of and comprise of trade secrets of BPP Coaching, Inc.
- Effective retroactive to the date a Party first disclosed Confidential Information to the other, each Party (“recipient”) will hold in confidence and, without the consent of the other Party (“disclosing Party”), will not use, reproduce, distribute, transmit, or disclose, directly or indirectly, the Confidential Information of the disclosing Party except as expressly permitted hereunder. The recipient of Confidential Information may only disclose the Confidential Information to its employees, agents, and independent contractors with a need to know the information in connection with the performance of this Agreement, provided that any such employees, agents and independent contractors shall first be subject to written obligations of confidentiality to protect Confidential Information in a manner consistent with this Agreement and the recipient shall be responsible to the disclosing Party for any damages for unauthorized use, disclosure, duplication or other misuse of the Confidential Information resulting from its possession by a third party. Without limiting the foregoing, the recipient of the Confidential Information agrees that it will exercise at least the same standard of care in protecting the confidentiality of the disclosing Party’s Confidential Information as it does with its own Confidential Information of a similar nature, but no less than a reasonable degree of care.
- Except with respect to the Services and all components and elements thereof which shall remain Confidential Information of BPP Coaching, Inc., Confidential Information shall not include information if and only to the extent that the recipient establishes that the information: (a) is or has become a part of the public domain through no act or omission of the recipient; (b) was in the recipient’s lawful possession prior to the disclosure and had not been obtained by the recipient either directly or indirectly from the disclosing Party; (c) was lawfully disclosed to the recipient by a third party without restriction on disclosure; or (d) was independently developed by the recipient without reference to the disclosing Party’s Confidential Information. If required by a lawful, validly issued subpoena, order of a court of competent jurisdiction, or request for information from a governmental agency, the recipient may disclose only that part of the Confidential Information of the disclosing Party which it is legally required to disclose, in the opinion of the recipient’s legal counsel, and shall notify the disclosing Party prior to such disclosure in order to provide the disclosing Party an opportunity to seek an appropriate protective order or other judicial relief to prevent such disclosure. Notwithstanding the foregoing, the recipient shall cooperate (at the disclosing Party’s expense) in all efforts of the disclosing Party to prevent disclosure of the disclosing Party’s Confidential Information. A copyright notice on the Service or any part thereof or on other materials shall not be deemed evidence of publication or public disclosure.
You agree to defend, indemnify, and hold harmless BPP Coaching, Inc. and its affiliates and respective officers, directors, employees, agents, successors, and permitted assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from your breach of any representation, warranty, or obligation under this Agreement.
Limitation of Liability
EXCEPT AS MAY BE APPLICABLE UNDER THE CONFIDENTIALITY SECTION OF THIS AGREEMENT, BPP COACHING, INC.’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF ANY PORTION OF THE PAYMENT PAID BY CLIENT (AFTER ACCOUNTING FOR ALL DEDUCTIONS AND OTHER OFFSETS PROVIDED FOR UNDER THIS AGREEMENT). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, WHETHER OR NOT THE PARTIES WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Client agrees that (i) the agreements made in this Section reflect a reasonable allocation of risk and (ii) that BPP Coaching, Inc. would not enter into the Agreement without these limitations on liability.
Any disputes between the parties shall be settled by binding arbitration before a single arbitrator, using the Commercial Rules of the American Arbitration Association in the State of California. The laws of the State of California shall govern this Agreement. If it becomes necessary for us to enforce this Agreement through legal action, then we shall be entitled to recover reasonable attorneys’ fees and costs incurred.
If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
You acknowledge that you are not relying upon any warranties, promises, guarantees or representations made by anyone or us acting or claiming to act on behalf of us unless it is in writing and made a part of this Agreement. This Agreement contains the complete and entire understanding and agreement between you and us, and no addition or modification of any terms shall be effective unless set forth in writing and signed by you and us.
If you have any questions or comments, you can email us at:firstname.lastname@example.org.
Our mailing address is:
BPP Coaching, Inc.
917 W. Washington Blvd., #188
Chicago, IL 60607
I understand that if I place a checkmark in a checkbox labeled “terms and conditions” or “terms of service” on any electronic order form associated with my purchase of any Services or events is considered to be my electronic signature and creates a legally binding agreement to the terms and conditions stated herein.
I HAVE READ AND AGREE TO THE FOREGOING CONTRACT TERMS. I HAVE REVIEWED AND AGREE TO BPP COACHING INC.’S LIMITED REFUND POLICY.