This Online Product Agreement (“Agreement”) is made by and between Morgan Pommells (the “Company”) and you (the “customer”) to govern your use, access and participation in the online product (the “Product”) provided by the Company on the website courses.morganpommells.com (“Website”).
1. DISCLAIMERS
This Product does not include and should not be mistaken as: 1) individualized advice and feedback; 2) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 3) medical care or personal health care.
For the purposes of this Agreement, the Customer understands that the Product has been designed by Provider for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with general awareness on childhood trauma. Through the Product, the Provider might provide guidance regarding relationship or self care best practices, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself. By using Provider’s services and purchasing this Product, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Customer agrees that Provider will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Customer agrees that use of this Product is at user’s own risk.
Customer hereby acknowledges that Customer is solely responsible for any outcome that arises by implementing techniques and advice provided by Product. Customer also acknowledges that Provider cannot and does not guarantee that implementation of the Product will provide Customer any relationship or mental health changes. Customer also agrees that he/she is solely responsible for any personal decision that Customer makes during or as a result of Customer’s use of the Product, and indemnifies Provider from any liability regarding said decision.
2. CUSTOMERS RESPONSIBILITIES
The Product has been developed for educational purposes only. Provider has established its proprietary Product in order to educate and inspire Customer to pursue his/her personal goals. However, Customer hereby acknowledges that Provider does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply completing the Product.
Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Product by adhering to the following:
• Completion of all Product material, including assignments and worksheets.
• Customer implementation of Product Material and recommendations given.
• Taking 100% responsibility for Customer’s results, 100% of the time.
3. THE PRODUCT
As a condition of purchasing and participating in the Product, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference (if any). If you do not agree to be bound by this Agreement, please cease your participation in the Product immediately.
4. ACCESS TO THE PRODUCT
4.1. In order to access the Product, you must register for an account via the Website. If you already have an account on the Website, you can log into your account using your user name and password.
4.2 If you purchase multiple Products, each product will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more products will not be accepted by us of your offer to purchase any other products which make up your order.
5. PAYMENT
5.1 By selecting the Product entitled: 'How to Love After Childhood Trauma' on the Website, you agree to pay (1) payment of four hundred and ninety seven US Dollars ($497 USD), which is due immediately upon signing and execution of this Agreement
AND/OR by selecting the product entitled 'Freedom From Fight or Flight: Trauma Triggers Masterclass' on the Website, you agree to pay one (1) payment of two hundred forty-seven US Dollars ($247 USD), which is due immediately upon signing and execution of this Agreement
AND/OR by selecting the product entitled 'PROTECT YOUR PEACE MASTERCLASS' on the Website, you agree to pay one (1) payment of one-hundred forty seven US Dollars ($147 USD), which is due immediately upon signing and execution of this Agreement
AND/OR by selecting the product entitled 'PROTECT YOUR PEACE: GROUP COACHING PROGRAM' on the Website, you agree to pay one (1) payment of one thousand nine hundred and ninety seven US Dollars ($1997 USD) which is due immediately upon signing and execution of this Agreement or two payments of nine hundred and ninety eight dollars and 50 cents ($998.50) with one payment due immediately upon signing and execution of this Agreement and one payment due one month from date of purchase.
AND/OR by selecting the product entitled 'coaching package' on the Website, you agree to pay one (1) payment of one thousand one thousand and eight hundred US Dollars ($1800 USD) which is due immediately upon signing and execution of this Agreement or three payments of six hundred dollars ($600) with one payment due immediately upon signing and execution of this Agreement, one payment due one month from date of purchase, and one payment one month following that.
5.2 Payment processing related to the Product is performed by either the Company directly or by the Company’s affiliates on behalf of the Company depending on the type of payment method used.
5.3 You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide the Company with valid payment information in connection with your orders. By providing the Company with your payment information, you agree that (i) the Company is authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder, (ii) 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), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify the Company of any change in your payment information. The Company reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, the Company reserves the right to either suspend or terminate your access to the Product(s).
5.4 When you provide payment information to the Company or to one of its payment processors, you represent to the Company that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize the Company to charge your credit card or to process your payment with the chosen third-party payment processor for any Membership, Product or other fees incurred by you. The Company may require you to provide your address or other information to meet its obligations under applicable tax law.
5.5 If your use of the Product on the Website is subject to any type of use or sales tax or VAT, then the Company may also charge you for those taxes, in addition to the other fees published for that Product on the Website.
6. REFUND POLICY
All sales are final for these Products. Due to the inherent nature of educational programs, the electronic transmission of same, and the commitment required for live coaching sessions, refunds are not available. This policy reflects the allocation of resources and time reserved for these sessions, even in cases where participants fail to attend.
7. LIMITED LICENCE
7.1 By purchasing any Product, you are granted a single-use, non-exclusive, non-transferable, revocable license to access, view, and use the Product. You are granted the right to download, store and print single copies of items comprising the Product. All ownership rights in the intellectual property related to the Product remain with the Company and you may not use or reproduce any of the content in any manner, without the express written consent of the Company. Any violation of the copyright or trademark rights of the Company shall result in immediate termination of access to the Product without refund.
7.2 You agree not to use the Product or the Website to: (a) Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties; (b) Violate Company’s intellectual property; (c) Attempt to access any other user's account; (d) Reproduce, transfer, sell, resell, or otherwise misuse any Product, unless specifically authorized to do so; (e) Access, tamper with the Company’s systems; (f) Break or circumvent our authentication or security measures or otherwise test the vulnerability of the Company’s systems or networks, unless specifically authorized to do so; (g) Try to reverse engineer any portion of the Products; (h) Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing; (i) Use any functionality of the Website for anything other than for completing or using online Products or for pedagogical purposes; and (j) Impersonate or misrepresent your affiliation with any person or entity.
8. PRODUCT TERMS
8.1 You shall have one license to access and use the Product under this Agreement.
8.2 For all products EXCEPT "PROTECT YOUR PEACE MASTERCLASS" You will have one-year access to the Product purchased by you under this Agreement starting the calendar date of purchase. However, we reserve the right to revoke any license to access and use any Product at any point in time in the event that we decide or are obligated to disable access to the Product due to legal or policy reasons, for example, if the Product you enrolled in is the object of a copyright complaint or if we determine your use of the Product is in breach of this Agreement.
For the product titled "PROTECT YOUR PEACE MASTERCLASS" You will have 90 days access to the Product purchased by you under this Agreement starting the calendar date of purchase. However, we reserve the right to revoke any license to access and use any Product at any point in time in the event that we decide or are obligated to disable access to the Product due to legal or policy reasons, for example, if the Product you enrolled in is the object of a copyright complaint or if we determine your use of the Product is in breach of this Agreement.
8.3 You may not access or use any Product on the Website or create an account for unlawful purposes. Your use of the Product and behaviour on our Website must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that apply to you.
8.4 You understand and agree that the Product material may not be shared, copied, and/or distributed to third parties. The Company reserves the right to terminate your access to the Product in its sole discretion if the Company suspects that you have shared the log-in information with a third party.
8.5 You accept that you will not have any recourse against the Company if the Website and/or any Product is down, either for planned or unplanned maintenance.
8.6 After completion of the Product, you understand you will not receive a certificate evidencing your participation and completion of the Product
8.7 The Website may enable you to share your content, such as homework, posts you make in the forums, and the like ("User Content"). To the extent that you provide User Content, you grant the Company a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates this Agreement.
8.8 For personal coaching sessions, Morgan Pommells will make two attempts to follow up with you to schedule your sessions. If there is no response to these attempts, further follow-ups will not be made. You have a six-month period from the date of purchase to claim your coaching sessions. Failure to respond or make arrangements within this timeframe grants Morgan Pommells the right to forfeit the sessions without the possibility of a refund.
9. INTELLECTUAL PROPERTY
9.1 The Company and its licensors shall retain ownership of all Products, contents, and information on the Website and it shall remain the property of the Company. You undertake not to advertise, or redistribute, and or otherwise broadcast, such Product, contents, news, and information upon termination of this Agreement.
9.2 Neither the Company nor any of its directors, employees, or agents warrant that the Product and/or Website will be uninterrupted or error-free, or give any warranty as to the results to be obtained from the use of the Product and/or Website. In no event will the Company or its directors, employees, or agents be liable to you for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Product and/Website, including but not limited to damages resulting from loss of data or loss of profits.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to (a) your use or attempted use of the Product and/or Website in violation of this Agreement; (b) your violation of any law or rights of any third party.
Access to this Product is currently through a third-party platform, Podia. Provider is not liable for any limitation of access to the Product caused by Podia.
11. LIABILITY DISCLAIMER
11.1 The Company is not responsible for any suspension or interruption of the Product and/or the Website or any other part of the system due to force majeure and other factors.
11.2 The Company does not guarantee that the system is stable and uninterrupted.
11.3 The Company will only provide you with the service based on its current function and current status and reserves the right to modify all or part of each service function at any time.
11.4 Although the Company will use reasonable efforts to keep the Website and the Products available and the information on the website and Products reasonably accurate, the Company make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. All such information, software, products, services and related graphics are provided "as is". The Company disclaims 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.
11.5 Whilst the Company uses our best endeavours to ensure all your data are secure and complete in the servers, we will not be liable for loss of profits or of contracts, loss of data, damage to your computer hardware or software, loss of business, loss of goodwill or reputation, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of use, and/or consequential loss arising out of or in connection with this website or the information or data contained in it.
12. TERMINATION
You agree that the Company, in its sole discretion, may terminate your use of the Product and/or Website or your participation in it, for any reason or no reason, upon notice to you. It is Company’s policy to terminate in appropriate circumstances the accounts of users of the Website who are repeat copyright infringers. The Company reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any Product offered through Website, or to cease providing any part or all of the Website content or related services, and you agree that the Company will have no liability to you for such an action. If you no longer desire to participate in the Product and/or the Website, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Website, but the other provisions of the Agreements will survive any such termination.
13. FORCE MAJEURE
Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one (1) month, the Party not affected may terminate this Agreement by giving written notice of one (1) week to the affected Party.
14. ASSIGNMENTS AND OTHER DEALINGS
Neither party shall without the prior written consent of the other party assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.
15. NO PARTNERSHIP OR AGENCY
15.1 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of another Party, or authorise any Party to make or enter into any commitments for or on behalf of any other Party.
15.2 Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
16. VARIATION
No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).
17. WAIVER
No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18. ENTIRE AGREEMENT
18.1 This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.2 Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
19. SEVERANCE
19.1 If any provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
19.2 If there is any inconsistency between this Agreement and the Terms and Conditions, this Agreement will prevail.
20. NOTICES
20.1 Any notice so served by hand, e-mail or post shall be deemed to have been duly given:
(a) in the case of delivery by hand, when delivered;
(b) in the case of fax or electronic mail on a Business Day prior to 5.00 pm, at the time of receipt ;
(c) in the case of prepaid recorded delivery, special delivery or registered post, at 10am on the second Business Day following the date of posting; or
(d) if sent by email, one (1) hour after the email is sent (unless a return email is received by the sender within that period stating that the addressee's email address is wrong or that the message cannot be delivered).
(e) provided that in each case where delivery by hand or by e-mail occurs after 5pm on a Business Day or on a day which is not a Business Day, service shall be deemed to occur at 9am on the next following Business Day. References to time in this clause are to local time in the country of the addressee.
20.2 The addresses of the Company for the purpose of clause 20.1 is as follows:
Morgan Pommells
Unit 96-4338 Innes Road
Orléans
Ontario
Canada
K4A 3W3
E-mail: connect@morganpommells.com
For the attention of: Morgan Pommells
21. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
22. RIGHT OF THIRD PARTIES
A person who is not a party to this Agreement shall have no right under any law to enforce any of its terms.
23. GOVERNING LAW
The parties shall use all reasonable endeavours to resolve any dispute amicably and in good faith.
This document is governed by and are to be construed in accordance with the laws of Ontario applicable therein.
Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Ontario, Canada (and any court of appeal) and waives any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.
Any disputes arising under this Agreement shall first be resolved through a binding arbitration
24. EXECUTION
Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and upon rendering first payment.
By clicking “Buy Now” (or any other phrase on the purchase button), entering your payment information, or otherwise completing the Product check-out, you ("Customer") are executing a legally binding agreement. Through rendering initial payment, Customer understands that they will be charged the full amount of either the payment plan or pay-in-full price, whatever Customer selects upon checkout. Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:
By selecting the Product entitled: 'How to Love After Childhood Trauma: LIVE' on the Website, you agree to pay (1) payment of seven hundred and ninety seven US Dollars ($797 USD), which is due immediately upon signing and execution of this Agreement.
You understand that all sales are final for this program. Due to the inherent nature of educational programs, the electronic transmission of same, and the commitment required for live coaching sessions, refunds are not available. This policy reflects the allocation of resources and time reserved for these sessions, even in cases where participants fail to attend.
1. Nature of Group Coaching Program
This group coaching program is an educational experience provided through Morgan Pommells' coaching business, separate from her licensed therapy practice. The program is designed to offer general relationship education and guidance for those seeking to build healthier relationship skills after childhood trauma.
This program is for educational and coaching purposes only. It is not a substitute for psychotherapy, counseling, mental health treatment, or any other therapeutic services.
2. No Therapy or Client-Therapist Relationship
By participating in this program, you acknowledge that:
Morgan Pommells is acting solely as a Certified Relationship Coach, and not as a licensed therapist during this group coaching program.
This coaching program does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association.
Participation in this program does not establish a client-therapist relationship between you and Morgan Pommells, regardless of whether you have or may receive therapy from her in the future.
3. Coaching Limitations
You understand that the content and guidance provided in this group coaching program is tailored to a general audience and may not apply to everyone's specific situation. While Morgan Pommells may answer questions and provide educational support, these responses are not intended to replace individualized therapy, counseling, or professional advice.
If you are currently under the care of a mental health professional, it is recommended that you inform them of your participation in this group coaching program.
4. Not for Those in Abusive Relationships
The relationship education provided in this group is not intended for individuals in abusive relationships. If you are currently in an abusive relationship, please seek the assistance of a licensed mental health professional in your jurisdiction. For immediate support, contact the National Domestic Violence Hotline at 1-800-799-7233.
5. Independent Responsibility for Decisions and Outcomes
You are solely responsible for any decisions, choices, actions, or outcomes that arise from your participation in this coaching program. Morgan Pommells is not liable or responsible for any decisions you make or the outcomes that follow. Participation in this program is at your own risk.
You agree to take full responsibility for your physical, mental, and emotional well-being and to seek professional support from qualified professionals as needed.
6. No Guarantee of Results
You understand that participation in this program does not guarantee any specific outcomes or results. Success in the program depends on your own effort, participation, and commitment.
7. Mandatory Reporting
As required by law, Morgan Pommells is obligated to report any disclosures that suggest an imminent or likely risk of harm to you or others, including any illegal activity. This may include contacting local authorities or child protective services if you disclose harm or potential harm to a child, yourself, or others.
8. Confidentiality and Group Etiquette
You agree to uphold the confidentiality of all information shared within the group. This includes not sharing, screenshotting, or discussing group content, interactions, or member information outside of the group setting. Respect for the privacy of others is essential to maintaining a safe and supportive environment.
You agree not to post any highly triggering or graphic comments that may cause harm to other participants. Morgan Pommells reserves the right to remove any participant from the group if they violate these rules or disrupt the learning environment.
9. Consent to Technology Use and Data Privacy
You acknowledge that this group coaching program will take place on online platforms such as Facebook, and while all reasonable efforts will be made to protect your confidentiality, these platforms may not be fully secure. By signing this contract, you understand and agree that Morgan Pommells and her coaching business are not liable for any unauthorized access to your information due to platform security breaches or third-party actions.
10. Program Duration and Participation
The Fall 2024 group coaching program will run from September 9th, 2024 to December 11th, 2024. Participation will include access to live video calls, question-and-answer periods, and educational content designed to support your learning and application of the course material.
Participants are required to maintain the same Facebook username throughout the program. If you must change your username, you agree to inform Morgan at coaching@morganpommells.com. Failure to comply with this rule may result in removal from the group.
11. Intellectual Property
All content, materials, and teachings provided in this group coaching program are the intellectual property of Morgan Pommells. You agree not to copy, distribute, reproduce, or share any content without the express written consent of Morgan Pommells. Unauthorized sharing or use of the program's content may result in immediate removal from the group and legal action.
12. Force Majeure
Morgan Pommells is not liable for failure or delay in performing obligations under this agreement if such failure or delay is due to causes beyond reasonable control, including but not limited to acts of God, war, government regulations, natural disasters, or technological disruptions.
13. Jurisdiction and Legal Scope
This group coaching program is conducted under Morgan Pommells' coaching business and is governed by applicable laws in Ontario, Canada. Any legal disputes or concerns arising from this program will be subject to the jurisdiction governing Morgan's coaching business (Ontario, Canada).
14. Final Agreement
By clicking "buy now" (or any other phrase on the purchase button), you acknowledge that you have read and understood the terms of this contract. You agree to participate in the group coaching program under these terms and acknowledge that this program is separate from any therapeutic services provided by Morgan Pommells in her role as a licensed therapist.