TERMS OF USE
Brain Tools Coaching maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Brain Tools Coaching If you do not agree to these terms, do not use this Site.
1. Use of Site
Brain Tools Coaching provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). Brain Tools Coaching authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
You further acknowledge and agree that, as between you and Brain Tools Coaching, Brain Tools Coaching and its third party licensors own and shall continue to own all right, title, and interest in
and to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of Brain Tools Coaching whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Brain Tools Coaching uses
in connection with services rendered by Brain Tools Coaching are marks owned by Brain Tools Coaching. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
2. Trademark and Copyright
Brain Tools Coaching, and certain other brands, trademarks, and service marks are marks of Brain Tools Coaching and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
3.2 Intellectual Property: You acknowledge that any Audio and/or Visual Presentations,Documentation, and other elements of the Webinar System are the sole Intellectual Property of Brain Tools Coaching under United States copyright, trademark and other intellectual property laws and international treaties.
3. Hyperlinks
Links to external websites are provided solely as a convenience to you. Brain Tools Coaching has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
4. Coaching and program limitations:
No Warranty: The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Brain Tools Coaching further does not warrant the accuracy and completeness of the Materials at this Site. Brain Tools Coaching may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Brain Tools Coaching makes no commitment to update the Materials at this Site.
Success Not Guaranteed: By accepting the terms of this Agreement, you agree and understand that Brain Tools Coaching provides Program(s) related to coaching only and guarantees no specific results. You take full responsibility for your own success. Further, you
acknowledge that everyone's success results may look different, and are dependent on factors such as drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. Please be aware that you may experience income loss by using the Program. In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk you may lose money, as with any business venture.
Scope of Practice: Although Sarah Kesty is an Education Specialist and certified life coach, your coaching relationship does not establish a doctor-patient, attorney-client, counseling, accountant- client, or similar relationship of any kind between you. Coach does not provide any financial, legal, medical, or psychological services or advice. Coaching does not prevent, cure, or treat any mental or medical condition. Coaching is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well being, decisions, choices, actions, and results. You should consult with a professional, independent of the coaching relationship, if you have specific questions about your own unique situation. Coach and any company that Coach is affiliated with,disclaims any liability for your reliance on any opinions or advice received as part of the coaching Relationship. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach. Coach cannot and does not guarantee any particular results, or financial, academic, or business outcomes as a result of this coaching relationship.
Commitment to the Program: By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of your ability. You further agree to attend weekly coaching sessions included as part of the Program. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
Confidentiality: Only authorized users, who have duly obtained access to any Programs offered by Brain Tools Coaching by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Coaching sessions for students are not to be attended by parents or caregivers. Violators may be asked to leave and/or removed from the program. Except as expressly authorized by this Agreement, you shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement. What is shared by peers in zoom coaching meetings is to be kept confidential. Any sharing of personal information or statements made during coaching sessions is strictly prohibited. Violators may be asked to leave and/or removed from the program.
5. Limitation of Liability
In no event will Brain Tools Coaching, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from lower test scores, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites linked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
In no event will Brain Tools Coaching be liable to you or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Brain Tools Coaching has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable Law.
6. Applicable Law
The Terms of Use are governed by the laws of the state of California. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. Brain Tools Coaching may assign its rights and duties under the Terms of Use without notice to any party at any time.
7. Effective Date and Updates
The Terms are effective as of May 21, 2024 and are subject to change without notice by Brain Tools Coaching at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
8. Refunds & Cancellation
We want you to be 100% confident when you enroll in a Brain Tools School program, so you’re protected with our 100% risk-free, 14-day money-back guarantee. Refund requests can be submitted to [email protected]. Refund requests will be considered provided that students have not been enrolled for more than 14 days.
After the 14 day period, and by accepting the terms of this Agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by Brain Tools Coaching. You further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), You are taking full responsibility for your own success. Thus, you agree that you will not request a refund after the 7-day period.
9 Miscellaneous:
Non-transferability: The rights and obligations under this Agreement are personal to you. You may not assign or transfer any rights or obligations under this Agreement.
Indemnification: You will, at your own expense, defend, indemnify, and hold Brain Tools Coaching, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between you and Brain Tools Coaching concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with Brain Tools Coaching relating to the Program, whether oral or written.
Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by Brain Tools Coaching, you affirmatively agree and acknowledge that Brain Tools Coaching may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, your experience participating in such Program(s), including any specific results experienced by you over the course of such participation. You agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
By accepting these terms of engagement, you commit to doing the work, which includes:
Deliverables
● Recording your data
● Attending all meetings on time
● Completing the assignments
● Replying to messages (emails, texts)
● Paying for services on time
● Attending coaching sessions weekly
Mindset
● Asking for help when you struggle
● Celebrating when you are successful
● Providing compassion to yourself when you aren't successful
● A growth mindset
● Being honest with yourself, your coach, and the other members of your team
Years from now, you will look back on this experience and realize it was the best investment you could have made for yourself. My commitment is to tirelessly serve you. I commit to walking beside you, guiding you toward a better future.
Customer Service Contact Information
[email protected], 619-839-9373 PO Box 2941, Fallbrook, CA 92088