TERMS & CONDITIONS
Last update: 11/16/2021
Welcome to Life with Shannon, LLC., lifewithhsannon.com, @shannonwooten, collectively, the website and online and/or mobile service of Life with Shannon, LLC.. (“Life with Shannon, LLC.,” “we,” “us,” or “our”). This page explains the terms by which you may use our online and/or Coaching Services, website, courses, Course Programs, and applicable software provided on or in connection with the service (collectively, the “Coaching Service”). By accessing or using the Coaching Service, or via consent signature, or by clicking a button or checking a box marked “I Agree to the Terms of Service” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), Terms of Purchase (to the extent applicable), and to the collection and use of your information as set forth in our Privacy Notice, whether or not you are a registered user of our Coaching Service. Life with Shannon, LLC. reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Coaching Service (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Our Service
1.1 Eligibility
This is a contract between you and Life with Shannon, LLC. You must read and agree to these terms before using the Coaching Service. If you do not agree, you may not use the Coaching Service and you must contact Life with Shannon, LLC to express declination to terms. You may use the Coaching Service only if you can form a binding contract with Life with Shannon, LLC (by execution and return of the Coach-Client contract), and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Coaching Service by anyone under 18 is strictly prohibited and in violation of this Agreement unless lawful guardianship consents. The Service is not available to any Users previously removed from the Service by Life with Shannon, LLC.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Coaching Service for your personal, noncommercial use only and as permitted by the features of the Coaching Service, including rights to participate in Course Programs at your discretion during the term for which Life with Shannon, LLC. offers that Course Program, browse or otherwise access information about the Course Program, and submit the information requested or required to create a User Account. Life with Shannon, LLC reserves all rights not expressly granted herein in the Coaching Service and the Life with Shannon, LLC Content. Notwithstanding anything to the contrary herein, Life with Shannon, LLC may terminate this license at any time for any reason or no reason.
1.3 User Accounts
Your account with Coaching Services gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf. By connecting to Life with Shannon, LLC. with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s User Account or impersonate without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your User Account. You must notify Life with Shannon, LLC. immediately of any breach of security or unauthorized use of your User Account. Life with Shannon, LLC. will not be liable for any losses caused by any unauthorized use of your User Account, and you may be liable for all losses incurred by Life with Shannon, LLC. or others due to any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings on your settings page. By providing Life with Shannon, LLC. your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Coaching Service and special offers. If you do not want to receive such email messages, you may opt-out by following the instructions contained within the email or otherwise following the instructions we may provide to you. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of Life with Shannon, LLC. Coaching Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Life with Shannon, LLC. then a human can reasonably produce in the same period of time by using a conventional online web browser (except that Life with Shannon, LLC. grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indexes of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Coaching Service; (xi) accessing any content on the Coaching Service through any technology or means other than those provided or authorized by the Coaching Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Coaching Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Coaching Service or the content therein.
1.5 Changes to the Service
This Agreement will be effective on the first day that you access and/or use the Life with Shannon, LLC. Coaching Service and will remain in full force and effect so long as you continue to access and/or use the Coaching Service unless terminated as set forth in this Section. Life with Shannon, LLC. may terminate your license under Section 1.2 (License Grant) at any time, without notice, in its sole discretion, for your failure to abide by this Agreement, any and all other agreements expressly incorporated by reference (including Privacy Notice), and any and all other policies or legal notices we publish by regarding the Coaching Service. Any provision of this Agreement that contemplates or governs performance or observance subsequent to termination or expiration of this Agreement will survive the expiration or termination of this Agreement for any reason and remain in effect until fulfilled and apply to respective successors and permitted assigns. Life with Shannon, LLC. reserves the right, at any time, to modify, suspend, or discontinue Coaching Services, or any part thereof, in its sole discretion with or without notice to you. You agree that Life with Shannon, LLC. will not be liable to you or to any third party for any termination, modification, suspension, or discontinuance of Coaching Service, or any part thereof. While not required, it is a part of Life with Shannon, LLC. Human Decree to clearly communicate changes to Coaching Services and will do so to the best of our ability.
1.6 Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Life with Shannon, LLC. shall have no liability for your interactions with other Users, or for any User’s action or inaction.
1.7 Service Location
The Service is controlled and operated from facilities in the United States of America (USA). Life with Shannon, LLC. makes no representations that the Service is operational in other locations. Those who access or use the Coaching Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Coaching Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. It is not the responsibility of Life with Shannon, LLC. or the Coaching Services to understand the operational requirements or impact of location. It is the responsibility of the purchaser.
2. Our Proprietary Rights
Except for your User Content, the Coaching Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Life with Shannon, LLC. Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Life with Shannon, LLC. and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Life with Shannon, LLC. Content. Use of the Life with Shannon, LLC. Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
3. Our Proprietary Rights: Customer Consent
You may choose to or we may invite you to submit comments or ideas about the Coaching Service, including without limitation about how to improve the Coaching Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Life with Shannon, LLC. under any fiduciary or other obligation, and that we are free to use the Idea, in totality or form, without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Life with Shannon, LLC. does not waive any rights to use similar or related ideas previously known to Life with Shannon, LLC., or developed by its employees, or obtained from sources other than you.
4. Payments
4.1 Purchase of Products
This Section 4.1 only applies to goods and services made available for sale on our Coaching Service platform, mobile device, social media, or website (“Products”), _but does not apply to Course Programs_, which are governed by Section 4.2. For the avoidance of doubt, Course Programs are not considered Products. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize our third-party payment service provider(s) (each, as “**Payment Service Provider**”) to store and use your card as a payment method for purchases made through your User Account. By purchasing a Product, you agree to be bound by each Payment Service Provider’s service agreement. For example, in the case of PayPal, you agree to be bound by the PayPal Services Agreement available at https://bit.ly/PayPalServiceAgreement. Life with Shannon, LLC. does not store your full credit card information. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of this Agreement and may result in the cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on availability for purchase, inaccuracies, or errors in product or pricing information, or problems identified by us. If your order is canceled after your credit card or other payment account has been charged, we will issue a credit to your credit card or other applicable payment accounts in the amount of the charge. We may request a nominal pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
4.2 Purchase of Course Programs.
To the extent that you purchase or enroll in a Course Program, you hereby agree to the Terms of Purchase dated as of the calendar year of your purchase, and such Terms of Purchase are hereby incorporated herein by reference. A “Course Program” means any course or event offered by or on behalf of Life with Shannon, LLC. and includes the Course Program defined in the Terms of Purchase dated as of the calendar year of your purchase.
4.3 Refunds for Products.
Unless otherwise specified, Products are not refundable after purchase completion. Course Programs are subject to the refund policy stated in the applicable Terms of Purchase. Please refer to your course contract for terms.
5. No Professional Advice
If the Coaching Service provides professional information (for example, business, marketing, legal, spiritual, metaphysical, energetic, or financial), such information is for informational purposes only and should not be construed as professional advice for your own consideration and competency. No action should be taken based upon any information contained in the Coaching Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
6. Text Messaging
You expressly consent and agree that Life with Shannon, LLC. may contact you using written, electronic, or verbal means, including by manual dialing, emails, or using an automatic telephone dialing system to text your mobile/cellular telephone number, as necessary to complete transactions requested by you, communicate with you about payments due from you, engage in general inquiry, and to service you and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry.
We offer you the chance to enroll engage via text messages from Life with Shannon, LLC. You may enroll to receive SMS/text messages about account-related news and alerts. By enrolling in Life with Shannon, LLC. SMS/text messaging service, you agree to receive text messages from Life with Shannon, LLC. to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such texts. You acknowledge and agree that the texts may be standard messages and data rates apply. Life with Shannon, LLC. is not responsible for any delays upon sending or receiving text messages.
To unsubscribe from text messages at any time, you receive from Life with Shannon, LLC. please contact Life with Shannon, LLC. at admin@LifewithShannon.com . You consent that following such a request to unsubscribe, you may receive one final text message or communication from Life with Shannon, LLC. confirming your request.
7. Privacy and Security
We care about the privacy of our Clients, Customers, and Users. You understand that by using the Coaching Service you consent to the collection, use, and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Notice, and to have your personally identifiable information collected, used, transferred to and processed in the United States. Life with Shannon, LLC. cares about the integrity and security of your personal information and uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Third-Party Links and Information
The Service may contain links to third-party materials that are not owned or controlled by Life with Shannon, LLC. Life with Shannon, LLC. does not assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Life with Shannon, LLC. Privacy Notice does not and will not apply to your use of such sites. You expressly relieve Life with Shannon, LLC. from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties or coupons) are solely between you and such advertisers. You agree that Life with Shannon, LLC. shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. Unless otherwise stated expressly in the Service, Life with Shannon, LLC. does not endorse any third-party sites, information, materials, products, or services.
9. Indemnity
You agree to defend, indemnify and hold harmless Life with Shannon, LLC. and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Coaching Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any access to such content that is submitted via you including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique access, username, password or other appropriate security code or credentials.
10. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFE WITH SHANNON, LLC. OR THROUGH THE COACHING SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LIFE WITH SHANNON, LLC., ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
Further, Life with Shannon, LLC. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Coaching Service or any hyperlinked website or service, and Life with Shannon, LLC. will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIFE WITH SHANNON, LLC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE COACHING SERVICE. UNDER NO CIRCUMSTANCES WILL LIFE WITH SHANNON, LLC. BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
To the maximum extent permitted by applicable law, Life with Shannon, LLC. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Coaching Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Coaching Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Coaching Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Coaching Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Life with Shannon, LLC., its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Life with Shannon, LLC. hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Life with Shannon, LLC. has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
12. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
12.1 Governing Law.
You agree that: (i) the Coaching Service shall be deemed solely based in North Carolina; and (ii) the Coaching Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than North Carolina. This Agreement shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Mecklenburg County, North Carolina for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Mecklenburg County, North Carolina is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
12.2 Arbitration.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LIFE WITH SHANNON, LLC.
For any dispute with Life with Shannon, LLC., you agree to first contact us at admin@lifewithshannon and attempt to resolve the dispute with us informally. In the unlikely event that Life with Shannon, LLC. has not been able to resolve a dispute it has with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Mecklenburg, North Carolina, unless you and Life with Shannon, LLC. agree otherwise. If you are using the Coaching Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Coaching Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Life with Shannon, LLC. from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
12.3 Class Action/Jury Trial Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE COACHING SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LIFE WITH SHANNON, LLC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
13. Additional Terms for Mobile Applications
13.1 Mobile Applications.
Any information made available via software to access the Coaching Service via a mobile device (“Mobile Applications”) on other platforms or vendors, must be a mobile device that is compatible with the Mobile Applications. Life with Shannon, LLC. does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications available and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Should exclusive use of Mobile Applications occur for accessibility to Coaching Services, Life with Shannon, LLC. will grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Life with Shannon, LLC. User Account on one mobile device owned or leased solely by you, for your personal use, for any services available via Mobile Applications, now or in the futures. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time-sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Life with Shannon, LLC. may from time to time issue access to Mobile Applications or provide upgraded versions of Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Life with Shannon, LLC. or its third-party partners or suppliers retain all right, title and interest in any Mobile Applications use (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Life with Shannon, LLC. reserves all rights not expressly granted under this Agreement. If an in-use Mobile Application is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Coaching Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of any and all Mobile Applications and the Service.
14. General
14.1 Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Life with Shannon, LLC. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14.2 Notification Procedures and Changes to the Agreement.
Life with Shannon, LLC. may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Life with Shannon, LLC. in our sole discretion. Life with Shannon, LLC. reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt-out of certain means of notification as described in this Agreement. Life with Shannon, LLC. is not responsible for any automatic filtering you or your network provider may apply to email notifications; we send to the email address you provide us. Life with Shannon, LLC. may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Life with Shannon, LLC. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Coaching Service.
14.3 Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Life with Shannon, LLC. in connection with the Coaching Service, shall constitute the entire agreement between you and Life with Shannon, LLC. concerning the Coaching Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
14.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Life with Shannon, LLC.’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
15. Contact.
Please contact us at admin@LifewithShannon.com with any questions regarding this Agreement.
