Terms of Use

 

Last Modified: June 29, 2020  

Acceptance of the Terms of Use 

These terms of use are entered into by and between You and fearNot Coaching (herein after  "fearNOT," "we," or "us"). The following terms and conditions (collectively the "Terms of Use"),  govern your access to and use of https://www.fearnotcoaching.com/, including any content, functionality, and services offered on or through https://www.fearnotcoaching.com/ (the "Website"),  whether as a guest or a registered user.  

Please read the Terms of Use carefully before you start to use the Website. By entering and using this Website, you acknowledge that you have read, agree, understand and accept to be  bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use,  

you are directed to immediately cease use of this Website and you must not access or use the  Website. Continuing to use this Website acknowledges that you are bound by the terms set forth  in the Terms of Use.  

This Website is offered and available to users who are at least 18 years of age or older. Use of  this Website by anyone under the age of 18 is strictly prohibited by us. By using this Website,  you represent and warrant that you are of legal age to form a binding contract with fearNot and  that you possess the required mental capacity to enter into and abide by the Terms of Use. If you  do not meet all of these requirements, you must not access or use the Website.  

By accessing this Website you are agreeing to the terms of these Terms of Use as they appear and  are legally bound by them, whether or not you have read them. If at any time you do not agree  with these Terms of Use, please cease visiting our Website and do not use our Programs, Products and Coaching Services  

Changes to the Website and Changes to Terms of Use 

We may update the content on this Website from time to time, but its content is not necessarily  complete or up-to-date. Any of the material on the Website may be out of date at any given time,  and we are under no obligation to update such material.  

We may revise and update these Terms of Use from time to time at our sole discretion. All  changes are effective immediately when we post them, and apply to all access to and use of the  Website thereafter. Your continued use of the Website following the posting of revised Terms of  Use means that you accept and agree to the changes. You are expected to check this page from  time to time so you are aware of any changes, as they are binding on you.  

Voluntary Participation  

Users acknowledge that participation in our Products, Programs, Coaching Services and Program  Materials and visiting our Website is done voluntarily and that you alone are 100% solely and  personally responsible for your participation in our Website, Products, Programs, Coaching Services and Program Materials and for any outcomes or results that result therefrom (whether positive or negative). You acknowledge that you have or will use your own due diligence and judgment before implementing any knowledge or information you received from our Website, Products, Programs, Coaching Services or Program Materials. FearNot is not responsible for any action you may choose to take or not take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any financial  harm, physical injuries or any negative ramifications or consequences. Users acknowledge that  the information contained on this Website is intended as general information only and you agree  that any decisions you make to implement or follow anything you find on Website are wholly  your own. 

Purpose  

The purpose of this Website, Materials, Products, Programs, Coaching Services and Program  Materials is for educational and informational purposes only. FearNot is not acting in a role as a  doctor, attorney, accountant, therapist, counselor, dietician or other professional. By visiting this  Website, you agree and understand that this content is made available to you as a self-help tool  only. Nothing on this Website or distributed via email is intended to take the place of a consultation, treatment, or instruction of a physician, dietician, nutritionist, counselor, medical professional of any kind, lawyer, doctor, accountant, psychic, or other professional.    

The information provided in or through our Website, Programs, Products and Coaching Services  is not intended to be a substitute for professional medical advice, legal or financial advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counsellor, or social worker), or member of the clergy, by your own attorney, accountant, and/or financial advisor. Therefore, do not disregard or delay seeking professional medical, legal, mental health or religious advice because of information  you have read on this Website or received from us. Do not stop taking any medications without  speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that  you have a medical or mental health problem, contact your own Medical Provider or Mental  Health Provider promptly. Similarly, if you believe that your rights have been impacted, you  should immediately seek legal assistance. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept  no liability whatsoever for any loss or damage however arising. The law varies by state, and it  is constantly changing, and therefore it affects each individual and business in different ways. As  a result, it is recommended to seek outside financial and/or legal counsel relating to your specific  circumstances as needed. You are hereby advised to consult with your tax consultant, accountant  or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding  your own income and taxes, and any and all information presented by our Website, Programs or  Coaching Services pertaining to your specific financial and/or legal situation.  

Success from the use of our Website, Products, Programs, Coaching Services or Program Materials depends primarily on your own effort, motivation, commitment and follow-through. FearNot  cannot and does not guarantee that you will attain a particular business result or income increase  or level, and you accept and understand that results differ by each individual. Each individual’s  business success depends on a multitude of factors including, but not limited to, his or her background, dedication, desire, and motivation, and as well as countless additional factors. Results  may vary, and will be based on many variables, so therefore no guarantees can be made. There can be no assurance as to any particular financial outcome based on the use of our Website, Pro grams, Products or Coaching Services. You agree that we are not responsible for the success or  failure of your business decisions, the increase or decrease of your finances or income level, or  any other result of any kind that you may have as a result of information presented to you  through our Website, Programs, Products and Coaching Services. You are solely responsible for  your results.  

Assumption Of Risk & Reliance on Information  

From time to time, individual risks and circumstances can arise from use of fearNot’s Website,  Products, Programs, Coaching Services or Program Materials that are not foreseen and can influence or reduce results. FearNot is not responsible for personal choices, actions or consequences  as a result of use of our Website, Products, Programs, Coaching Services or Program Materials,  which were taken or occurred before, during or after use of our Website, Products, Programs,  Coaching Services or Program Materials. You understand that any mention of, suggestion of, or  recommendation of products or services through the Website, Products, Programs, Coaching  Services or Program Materials is to be taken at your own risk, with no liability on the part of  fearNot recognizing that there is a rare chance that financial loss, illness, injury or even death  could result. You shall accept full responsibility for the consequences for your use, or non-use, of  any information provided by fearNot through any means whatsoever. Your use or non-use is at  your own risk and you absolve fearNot of any liability or loss that you, your business, family,  children, team members, employees, affiliates, or any other persons, may incur from your or their  use, or non-use, of the information provided.  

  

As a User/Visitor, you agree that using our Website, Products, Programs, Coaching Services and  Program Materials are done at your own risk and acknowledge that information contained herein are for informational and educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed  on such materials by you or any other visitor to the Website, or by anyone who may be informed  of any of its contents. You assume all risks. FearNot makes no guarantees related to income,  success, increased revenue, projected sales, business outcomes, employment status, improvements or decline in physical and mental health, interpersonal relationships, emotional wellbeing,  and career in any way related to the use of this Website, Products, Programs, Services and Program Materials. Our Website, Products, Programs, Coaching Services and Program Materials are  merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or  non-use of our Products, Programs, Services and Program Materials.  

  

3 We take every precaution to protect our Website however, we cannot completely ensure or warrant the security of this site. FearNot makes no assurances about the ability to prevent any loss or  damage to you, or any other person, company or entity arising out of the use of our Website and  you agree and acknowledge to assume the risk in using this site.  

Accessing the Website and Account Security 

We reserve the right to withdraw or amend this Website, and any service or material we provide  on the Website, in our sole discretion without notice. We will not be liable if for any reason all or  any part of the Website is unavailable at any time or for any period. From time to time, we may  restrict access to some parts of the Website, or the entire Website, to users, including registered  users.  

You are responsible for both:  

Making all arrangements necessary for you to have access to the Website.  


Ensuring that all persons who access the Website through your internet connection are  aware of these Terms of Use and comply with them.  


To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to,  through the use of any interactive features on the Website, is governed by our Privacy Policy

https://fearnotcoaching.com/pages/privacy-policy, and you consent to all actions we take with respect to your  information consistent with our Privacy Policy.  

If you choose, or are provided with, a user name, password, or any other piece of information as  part of our security procedures, you must treat such information as confidential, and you must  not disclose it to any other person or entity. You also acknowledge that your account is personal  to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately  of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You  should use particular caution when accessing your account from a public or shared computer so  that others are not able to view or record your password or other personal information.  

We have the right to disable any user name, password, or other identifier, whether chosen by you  or provided by us, at any time in our sole discretion for any or no reason, including if, in our  opinion, you have violated any provision of these Terms of Use.  

Technology Disclaimer  

FearNot makes no warranty or guarantee as to the delivery, accuracy, timeliness, performance,  completeness, suitability of the information, uninterrupted access, error-free of our Website or any other materials provided by us to you. Every effort has been made to present to you with the  most accurate, up-to-date information in our Website. However, because the nature of this information is constantly evolving, we cannot be held responsible for the accuracy of our content. You  acknowledge that the content and such information may contain inaccuracies or errors and Fear Not is not liable for any such inaccuracies or errors to the fullest extent permitted by the law.  

FearNot cannot guarantee access to our Website. You acknowledge that access might be suspended or restricted from time to time, including to allow for repairs, maintenance or updates,  although, of course, we will try to limit the frequency and duration of suspension or restriction.  You acknowledge that, to the fullest extent permitted by law, FearNot is not liable for damages or  refunds, or for any other recourse, should our Website be unavailable, access might be slow or  incomplete due to any reason, such as system back-up procedures, internet traffic volume, up grades, overload of requests to the servers, general network failures or delays in accessibility to  our Website.  

You understand your obligation to provide only authentic, accurate information to us, including  your name, email address, and payment information, should you choose to purchase a product or  Coaching Service. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you  may be liable for any subsequent damages that occur as a result.  

Intellectual Property Rights 

The Website and its entire contents, features, and functionality (including but not limited to all  information, software, text, displays, images, video, and audio, and the design, selection, and  arrangement thereof) are owned by the fearNot, its licensors, or other providers of such material  and are protected by United States and international copyright, trademark, patent, trade secret,  and other intellectual property or proprietary rights laws.  

These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly  perform, republish, download, store, or transmit any of the material on our Website, except as  follows:  

  • Your computer may temporarily store copies of such materials in RAM incidental to your  accessing and viewing those materials.  

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.  

  • You may print or download one copy of a reasonable number of pages of the Website for  your own personal, non-commercial use and not for further reproduction, publication, or  distribution.  

  • If we provide desktop, mobile, or other applications for download, you may download a  single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such  applications.  

  • If we provide social media features with certain content, you may take such actions as are  enabled by such features.  

 

You must not:  

Modify copies of any materials from this Website.  
Use any illustrations, photographs, video or audio sequences, or any graphics separately  from the accompanying text.  
Delete or alter any copyright, trademark, or other proprietary rights notices from copies  of materials from this site.  


You must not access or use for any commercial purposes any part of the Website or any services  or materials available through the Website.  

If you wish to make any use of material on the Website other than that set out in this section,  please address your request to: hello@fearnotcoaching.com

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to  any part of the Website in breach of the Terms of Use, your right to use the Website will stop  immediately and you must, at our option, return or destroy any copies of the materials you have  made. No right, title, or interest in or to the Website or any content on the Website is transferred  to you, and all rights not expressly granted are reserved by fearNot. Any use of the Website not  expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate  copyright, trademark, and other laws.  

Trademarks 

The fearNot name, fearNot logo, and all related names, logos, product and service names, de signs, and slogans are trademarks of the fearNot or its affiliates or licensors. You must not use  such marks without the prior written permission of the Company. All other names, logos, product  and service names, designs, and slogans on this Website are the trademarks of their respective  owners.  

Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:  

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to  and from the US or other countries).  


For the purpose of exploiting, harming, or attempting to exploit or harm minors in any  way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 


To impersonate or attempt to impersonate fearNot, a fearNot employee, another user, or  any other person or entity (including, without limitation, by using email addresses or  screen names associated with any of the foregoing).  


To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the  Website, or which, as determined by us, may harm fearNot or users of the Website, or expose them to liability.  


Additionally, you agree not to:  

Use the Website in any manner that could disable, overburden, damage, or impair the site  or interfere with any other party's use of the Website, including their ability to engage in  real time activities through the Website.  


Use any robot, spider, or other automatic device, process, or means to access the Website  for any purpose, including monitoring or copying any of the material on the Website. 


Use any manual process to monitor or copy any of the material on the Website, or for any other purposes not expressly authorized in these Terms of Use, without our prior written  consent.  

Use any device, software, or routine that interferes with the proper working of the Website.  


Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.  


Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the  Website, the server on which the Website is stored, or any server, computer, or database  connected to the Website.  


Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.  
Otherwise attempt to interfere with the proper working of the Website.  


User Contributions 

Our Website may, from time to time, feature testimonials, real world experiences, and insights  about other people’s experiences in our Website, Products, Programs, Coaching Services or Program Materials. The testimonials, information contained therein, including but not limited to  photographs, quotes, names and usernames are from actual clients, sharing their real, personal  and honest opinions concerning their results, my character or experiences in the use of our Products, Programs, Coaching Services or Program Materials and are not to be constituted as a guarantee that current or future clients will experience the same results or experiences. Each testimonial is a unique story, and any and all results reported in these testimonials are the culmination of  numerous variables.  

Monitoring and Enforcement; Termination 

We have the right to:   

 

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.  


Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User contribution violates  the Terms of Use, infringes upon any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could  create liability for fearNot.  
Disclose your identity or other information about you to any third party who claims that  material posted by you violates their rights, including their intellectual property rights or  their right to privacy.  


Take appropriate legal action, including without limitation, referral to law enforcement,  for any illegal or unauthorized use of the Website.  


Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.  


Without limiting the foregoing, we have the right to cooperate fully with any law enforcement  authorities or court order requesting or directing us to disclose the identity or other information  of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS  FEARNOT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM  ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FEARNOT DURING, OR  TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER FEARNOT OR LAW  ENFORCEMENT AUTHORITIES.  

However, we do not undertake to review all material before it is posted on the Website, and can not ensure prompt removal of objectionable material after it has been posted. Accordingly, we  assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.  

Content Standards 

These content standards apply to any and all User Contributions and use of interactive services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User contributions must not:  

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,  violent, hateful, inflammatory, or otherwise objectionable.  


Promote sexually explicit or pornographic material, violence, or discrimination based on  race, sex, religion, nationality, disability, sexual orientation, or age.  


Infringe any patent, trademark, trade secret, copyright, or other intellectual property or  other rights of any other person.  
Violate the legal rights (including the rights of publicity and privacy) of others or contain  any material that could give rise to any civil or criminal liability under applicable laws or 
regulations or that otherwise may be in conflict with these Terms of Use and our Privacy  Policy https://fearnotcoaching.com/privacy-policy.

 

Be likely to deceive any person.  


Promote any illegal activity, or advocate, promote, or assist any unlawful act.  


Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,  alarm, or annoy any other person.  
Impersonate any person, or misrepresent your identity or affiliation with any person or  organization.  
Involve commercial activities or sales, such as contests, sweepstakes, and other sales  promotions, barter, or advertising.  
Give the impression that they emanate from or are endorsed by us or any other person or  entity, if this is not the case.  
Information About You and Your Visits to the Website 

All information we collect on this Website is subject to our Privacy Policy  https://fearnotcoaching.mykajabi.com/pages/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

Linking to the Website and Social Media Features 

You may link to our homepage, provided you do so in a way that is fair and legal and does not  damage our reputation or take advantage of it, but you must not establish a link in such a way as  to suggest any form of association, approval, or endorsement on our part without our express  written consent.  

This Website may provide certain social media features that enable you to:  

  • Link from your own or certain third-party websites to certain content on this Website.  

  • Send emails or other communications with certain content, or links to certain content, on  this Website.  

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.  

  • You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:  

  • Establish a link from any website that is not owned by you.  

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any  other site, for example, framing, deep linking, or in-line linking.  

  • Link to any part of the Website other than the homepage.  

 

Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.  
 

The website from which you are linking, or on which you make certain content accessible, must  comply in all respects with the Content Standards set out in these Terms of Use.  

You agree to cooperate with us in causing any unauthorized framing or linking immediately to  stop. We reserve the right to withdraw linking permission without notice.  

We may disable all or any social media features and any links at any time without notice at our  discretion.  

Links from the Website 

If the Website contains links to other sites and resources provided by third parties, these links are  provided for your convenience only. This includes links contained in advertisements, including  banner advertisements and sponsored links. We have no control over the contents of those sites  or resources, and accept no responsibility for them or for any loss or damage that may arise from  your use of them. If you decide to access any of the third-party websites linked to this Website,  you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  

Geographic Restrictions 

The owner of the Website is based in the State of New Jersey in the United States. We provide  this Website for use only by persons located in the United States. We make no claims that the  Website or any of its content is accessible or appropriate outside of the United States. Access to  the Website may not be legal by certain persons or in certain countries. If you access the Website  from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.  

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a  means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT  PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE  CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER  TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER  EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL  DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED  THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED  ON IT, OR ON ANY WEBSITE LINKED TO IT.  

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE  PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FEARNOT NOR ANY PERSON ASSOCIATED WITH FEARNOT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,  QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING  THE FOREGOING, NEITHER FEARNOT NOR ANYONE ASSOCIATED WITH FEARNOT  REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES  OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,  ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT  OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR  OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR  ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS  OR EXPECTATIONS.  

TO THE FULLEST EXTENT PROVIDED BY LAW, FEARNOT HEREBY DISCLAIMS ALL  WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR  OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FEARNOT, ITS  AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,  OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY  

LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR IN ABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON  THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT,  SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING  BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL  DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND  WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT,  OR OTHERWISE, EVEN IF FORESEEABLE.  

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED  OR LIMITED UNDER APPLICABLE LAW. 

Indemnification 

You agree to defend, indemnify, and hold harmless fearNot, its affiliates, licensors, and service  providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out  of or relating to your violation of these Terms of Use or your use of the Website, including, but  not limited to, your User contributions, any use of the Website's content, services, and products  other than as expressly authorized in these Terms of Use, or your use of any information obtained  from the Website.  

Governing Law and Jurisdiction 

All matters relating to the Website and these Terms of Use, and any dispute or claim arising  therefrom or related thereto in each case, including non-contractual disputes or claims, shall be  governed by and construed in accordance with the internal laws of the State of [New Jersey  without giving effect to any choice or conflict of law provision or rule (whether of the State of  New Jersey or any other jurisdiction). 

Arbitration 

At fearNOT’s sole discretion, it may require You to submit any disputes arising from these Terms  of Use or use of the Website, including disputes arising from or concerning their interpretation,  violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law. Any and  all arbitration proceedings shall be conducted in Camden County, New Jersey.  

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING  TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE  (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF  ACTION OR CLAIM IS PERMANENTLY BARRED.  

Waiver and Severability 

No waiver by fearNot of any term or condition set out in these Terms of Use shall be deemed a  further or continuing waiver of such term or condition or a waiver of any other term or condition,  and any failure of fearNot to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or  limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

Entire Agreement 

The Terms of Use and our Privacy Policy, constitute the sole and entire agreement between you  and fearNot regarding the Website and supersede all prior and contemporaneous understandings,  agreements, representations, and warranties, both written and oral, regarding the Website.  

Your Comments and Concerns 

This website is operated by fearNOT Coaching 

 

All notices of copyright infringement claims should be sent to hello@fearnotcoaching.com

 

All other feedback, comments, requests for technical support, and other communications relating  to the Website should be directed to: hello@fearnotcoaching.com