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Terms and Conditions For Use of Online Services

 

Last Updated: 7-9-25

These Terms and Conditions of Use (“Terms & Conditions”) contain the complete terms and conditions that govern the use of Falk Mind Strength Coaching, LLC’s website(s) (the “Website”). By accessing or using this Website, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction) or are 13 years or older and have the consent of your parent or legal guardian (“Legal Guardian”). These Terms & Conditions are made by and between Falk Mind Strength Coaching, LLC (“Falk Mind Strength Coaching,” “Company”, “we,” or “us”), and you, the user (“Customers,” “Users” or “you”). These Terms and Conditions govern your access to, and use of, this Website, other company software, services, websites, mobile or desktop applications, or content (collectively, the "Online Services") which Falk Mind Strength Coaching has made available to its Users.  You may only use the Online Services if you are 18 years old, or are at least 13 years old with the consent of your Legal Guardian, and you (or your Legal Guardian if you are under 18 years old or the age of majority in your jurisdiction) agree to be bound by these Terms & Conditions. Please review these Terms & Conditions carefully. These Terms & Conditions include our Privacy Policy, located at https://www.falkmindstrengthcoaching.com/privacy-policy, and together with the Privacy Policy govern your access to and use of the Online Services. If you do not agree to these Terms & Conditions, you are not authorized to use this Website. 

 

BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE ONLINE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT IF YOU SUBSCRIBE OR PURCHASE ANY COACHING SERVICES, YOU WILL ALSO BE BOUND BY OUR SEPARATE COACHING SERVICES AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, DO NOT ACCESS OR USE ANY PART OF THE NLINE SERVICES. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THESE TERMS & CONDITIONS AT COMPANY'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE ONLINE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

YOU SHOULD REVIEW THESE TERMS & CONDITIONS PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE.

 

The “Specific Services & Programs” portion of these Terms & Conditions identify additional terms and conditions which are specific to particular services and programs (“Additional Services”). Please note that several of the Online Services may be administered by third-party contractors who will require your agreement to additional terms related specifically to their service. The Additional Services may be subject to additional terms and conditions and agreements which are identified below in the Specific Services & Programs section.

 

 

Modifications to Online Services

Falk Mind Strength Coaching may at any time, for any reason, modify, suspend, limit or terminate operation of or access to any Online Service, or any portion thereof, whether on a general or specific user level, and without notice or liability. In addition, Falk Mind Strength Coaching reserves the right at any time to update, change, modify, or revise these Terms & Conditions. Any changes will become effective upon posting such modifications on our Website (please review the “Last Updated” date above to identify when these Terms & Conditions were last modified). Your continued access to or use of the Online Services after any such changes indicates your acceptance of the Terms & Conditions as modified. It is your responsibility to review the Terms & Conditions regularly for updates.

 

Privacy of Users

Falk Mind Strength Coaching has a separate privacy policy (the “Privacy Policy”) relating to how Customer Data is collected and used via the Online Services. The Privacy Policy is available for review by selecting the “Privacy Policy” link here or at the bottom of our Website. By accessing or using the Online Services, you are also agreeing to the terms of the Privacy Policy which are incorporated into these Terms & Conditions by reference.

 

Specific Services & Programs

If you enroll in Additional Services including any coaching program or subscription to our services, you will be presented with a separate Coaching Services Agreement (the “Services Agreement”) for review and execution. That agreement governs your access to and participation in the Mind Strength Program and other paid offerings and supplements (but does not replace) these Terms & Conditions.

 

Ownership & Licensing of the Online Services and Intellectual Property

The Online Services and all content, information, and other materials featured, displayed, contained, and available on the Online Services (including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs) (collectively, “Materials”) are owned by or licensed to Falk Mind Strength Coaching and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms & Conditions, Falk Mind Strength Coaching grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Online Services for non-commercial purposes only. No rights or title in or to any of the Materials or Intellectual Property used in connection with the Website is provided, transferred or assigned to you. You may view, display, copy, download, and print Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Online Services or its Materials. Except as expressly provided herein, Falk Mind Strength Coaching does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. You further acknowledge and agree that Material contained in advertisements or information presented to you through the Website or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws.

 

FALK MIND STRENGTH COACHING is a trademark of Falk Mind Strength Coaching.  The Online Services, Materials, including any necessary software used in connection with the Website and any of the Services provided by the Website, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the Online Services (collectively, the “Intellectual Property”) contain proprietary and confidential information that is the property of Company and its licensors and is protected by applicable intellectual property and other laws, with all rights reserved unless otherwise noted. Falk Mind Strength Coaching does not permit third-parties to use the Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission. Nothing contained in the Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property without our prior express written permission. You are strictly prohibited from using any of the Intellectual Property except as expressly provided in these Terms & Conditions. You are also advised that Falk Mind Strength Coaching and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

 

Standards of Conduct for Users of the Online Services

You agree to use the Online Services responsibly and in accordance with all applicable laws. Without limiting the foregoing, you specifically agree not to engage in the following conduct:

  • modify, adapt, translate, or reverse engineer any portion of the Online Services or Materials;
  • use the Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • use the Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
  • frame or mirror any portion or feature of the Online Services;
  • use the Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
  • use any automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Online Services or Materials; (2) reproduce or circumvent the navigational structure or presentation of the Online Services or Materials; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Online Services;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Online Services or with any other person’s use or enjoyment of the Online Services;
  • transmit any viruses, worms, defects, Trojan horses, corrupted files, or other items of a destructive nature;
  • circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Falk Mind Strength Coaching;
  • forge headers or otherwise manipulate identifiers;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • submit or post any false or misleading information; and/or
  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Falk Mind Strength Coaching or any other person or entity.

 

Falk Mind Strength Coaching reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Online Services, Materials, users, us, our brand, or any other person or entity, or that violates these Terms & Conditions and/or applicable law.

 

Submissions by Users of the Online Systems

Except as otherwise stated in our Privacy Policy with respect to your personal information, You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Company through this Site (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.

 

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms & Conditions, are to the best of your knowledge true and accurate and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.

 

We may, without notice to you, refuse or edit Submissions for any reason or no reason. You waive any moral rights or rights of publicity or privacy you may have in any such Submissions.

 

Copyright Infringement Claims

 

If you believe that your work has been copied or used on our Online Services in a way that constitutes copyright infringement, please notify our Designated Copyright Agent by providing the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Online Services;
  • Your contact information;
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner; and
  • A statement made under penalty of perjury that the above information is accurate.

 

Please submit notices to:

Designated Agent: Luke Falk

Email: [email protected]

Mail: 75 W 200 N Unit #64., Logan, UT 84323

 

We may remove or disable access to the allegedly infringing material, and we reserve the right to terminate repeat infringers.

 

 

Recording Notice and Media Release

You acknowledge and agree that Falk Mind Strength Coaching may record, photograph, or film sessions, activities, or testimonials involving participants for quality control, training, or promotional purposes.

 

By participating in any session, you (or your Legal Guardian, if you are under 18) hereby grant Falk Mind Strength Coaching an unrestricted, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, display, publish, broadcast, distribute, modify, and otherwise exploit your name, image, likeness, voice, performance, and any statements or content captured in any media format (now known or later developed), in connection with promoting, advertising, or publicizing the services or activities of Falk Mind Strength Coaching.

 

This license includes the right to edit, composite, crop, or alter such content and to use it alone or in combination with other materials, in any media without restriction as to frequency or duration of use. You waive any right to inspect or approve any finished product or to receive compensation for such use

 

User Logins and Registration

Certain programs, features, or services offered on or through the Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Falk Mind Strength Coaching immediately of any unauthorized use of your login, or any other breach of security. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms & Conditions. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms & Conditions. You may be held liable for losses incurred by Falk Mind Strength Coaching or any other Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

 

You may not use anyone else’s login at any time without their express written permission. Falk Mind Strength Coaching shall not be liable for any loss or damage arising from your failure to comply with these obligations.

 

You are responsible for all activity under your account credentials. You may not share your login or use the Online Services for any unlawful purpose. We reserve the right to terminate accounts we believe have been compromised or used in violation of these Terms and Conditions.

 

BY ACCEPTING THESE TERMS & CONDITIONS YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

 

Links to Third-Party Sites and Social Media Pages

The Online Services may contain links to other third-party websites, including but not limited to  social media platforms, such as Facebook, Tik Tok, Pinterest, LinkedIn, Twitter, Snap Chat or Instagram (all links to third-party websites and social medial platforms are collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Falk Mind Strength Coaching shall have no responsibility or liability related to your use of any Linked Site, or the content, policies, or actions thereof. If you choose to use any product or service from a Linked Site, your relationship is with that third party. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site. Certain services within the Online Services may be operated by third-party providers who have their own terms of use, privacy policies, or platform rules. By using those features, you agree to comply with those third-party terms in addition to these Terms & Conditions.

 

 

Electronic Communications

When you visit the Online Services or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (whether by email or by posting the same in our Online Services) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms & Conditions.

 

By providing your contact information, you consent to receive transactional and promotional communications from Falk Mind Strength Coaching. You may unsubscribe from promotional messages at any time using the link in the email footer[1].

 

Use of Communication Services.

Our Online Services may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Website, or cause to be posted, sent, submitted, published or transmitted, any material that:

  • you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
  • advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
  • is vulgar, obscene, pornographic, incendiary, or indecent;
  • threatens or abuses others;
  • is libelous or defamatory towards others;
  • is racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
  • harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
  • falsifies or deletes 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 permissibly uploaded (e.g., copyright, trademark or patent notices);
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website;
  • solicits funds, advertisers or sponsors for any purpose;
  • includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Website;
  • amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
  • disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Website and/or any networks connected to this Website; or
  • contains hyperlinks to other sites that contain content that falls within the scope of this Section.

 

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither us nor any third party that provides Material to us will assume or have any liability for any action made by us or such third party with respect to any submission.

 

You acknowledge that we may or may not pre-screen materials uploaded to the Communication Service, yet we and our designees shall have the right, but not the obligation, in our sole discretion, to pre-screen, refuse, remove, or delete any content that violates these Terms & Conditions or is otherwise objectionable as determined by us in our sole discretion.

 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.

 

Coaching Services Disclaimer

Falk Mind Strength Coaching offers personal coaching and performance training services for athletes and individuals seeking to improve focus, confidence, and mental performance. These services are educational and motivational in nature and are not intended as, and do not constitute, psychological, psychiatric, or medical advice or treatment.

 

The coaching services do not substitute for mental health care, medical care, diagnosis, or therapy. If you are experiencing mental health challenges, psychological issues, or require medical assistance, you should seek support from a qualified mental health or healthcare professional. Falk Mind Strength Coaching does not provide crisis intervention or medical advice.

 

No Warranties Disclaimer

Falk Mind Strength Coaching makes no representations or warranties regarding the Online Services and Materials.

 

YOUR USE OF THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NO WARRANT THAT THE ONLINE SERVICES OR MATERIALS WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

 

THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF FALK MIND STRENGTH COACHING ONLINE SERVICES OR MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.TO THE FULLEST EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE SERVICES AND ALL MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

Limitations of Liability

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

 

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

 

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms & Conditions that directly conflict with such laws may not apply to you.

 

Violation of these Terms & Conditions

You agree that Falk Mind Strength Coaching may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Online Services if we determine that you have violated these Terms & Conditions, other agreements or guidelines that may be associated therewith, or any applicable laws. You also agree that any violation, or threatened violation, by you of these Terms & Conditions constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Falk Mind Strength Coaching. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

 

If Falk Mind Strength Coaching takes legal action against you as a result of your violation of these Terms & Conditions, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Falk Mind Strength Coaching.

 

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS & CONDITIONS BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS & CONDITIONS OR YOUR ACTIVITIES IN CONNECTION WITH THE ONLINE SERVICES. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS WEBSITE OR THE ONLINE SERVICES.

 

International Users and Choice of Law

The Online Services are controlled, operated, and administered by us and our service providers from offices within the United States. We make no representation that Materials on the Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Online Services or export Materials in violation of U.S. export laws and regulations. If you access the Online Services from locations outside of the United States, you are responsible for compliance with all local laws. These Terms & Conditions and our Privacy Policy shall be governed by the laws of the State of Utah, without regard to conflict of laws provisions or principles. Any legal suit, action, or proceeding arising out of or related to these Terms & Conditions or arising from the Online Services shall be instituted exclusively in the federal or state courts located in Salt Lake County, Utah. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Any disputes not resolved informally may be subject to binding arbitration as set forth in the Services Agreement, which governs paid services.

 

Entire Agreement, Claims Limitations, and Severability

These Terms & Conditions, together with our Privacy Policy and Services Agreement and any other applicable terms included within the Online Services, and/or Materials, programs, features, and services made available through the Online Services, as each is currently posted on the Online Services, constitute the entire agreement between us and you with respect to your use the Online Services and Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Any cause of action you may have arising out of or relating in any way to the Online Services must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms & Conditions, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms & Conditions and Privacy Policy shall continue in full force and effect. Falk Mind Strength Coaching’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

 

Children’s Privacy and Age Limitations

The Online Services are intended for individuals age 13 and older. Individuals under the age of 13 are strictly prohibited from using or registering for any of our services. By accessing or using the Online Services, you affirm that you are at least 13 years old.

 

If you are under 18 but at least 13 years of age, you may only use the Online Services with the express consent of your Legal Guardian. By using the services, your Legal Guardian agrees to these Terms & Conditions on your behalf and assumes full responsibility for your participation.

 

We do not knowingly collect personal information from individuals under the age of 13. If we become aware that a user is under the age of 13, we will take steps to remove their information and terminate their access.

 

Accessibility

 

Falk Mind Strength Coaching is committed to making our Online Services accessible to all users. If you are having trouble accessing any part of our site or services, please contact us at [email protected], and we will work with you to provide the information or service you need through an accessible method.

 

Force Majeure

Falk Mind Strength Coaching shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, power or internet failure, labor conditions, pandemics, governmental actions, or natural disasters.

 

Contact Us

If you have any questions about these Terms & Conditions or the Online Services, email us at [email protected].

 

[1] Confirm if accurate.