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TERMS OF USE: THRIVE AS A CAREER-MINDED MOM SELF-STUDY COURSE

By checking the box next to this Terms of Use, and clicking the "Purchase" button, you, the purchaser of the "Thrive as a Career-Minded Mom: Self Study Course" outlined below (hereinafter "Client") agree and willingly purchase entry into this program to be provided with services rendered by Christi Gmyr Coaching, LLC, a New York Limited Liability, (hereinafter "Coach"), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon:

 

For good and valuable consideration as outlined below, either as a "pay in full" option or "financing option" to pay over time, Client is agreeing to purchase "Thrive as a Career-Minded Mom: Self Study Course" (hereinafter "Program") for one (1) year access. In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understand and agrees that Coach will utilize suitable methodologies in accordance with Client's needs, and in accordance with his/her training.

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1. Program Outline

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        A. Client agrees and understands that Program is a completely online, self-paced, self-study course, designed to          help career-minded moms overcome or prevent burnout. Program does not include any 1:1 coaching calls with 

        Coach, but sessions may be purchased separately if needed or desired as Client is working through Program.

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        B. Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional

        research necessary to feel he/she understands what is being provided in Program as well as what is not included.

        Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and

        procedures that can be found in this Agreement and on Coach's website.

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2. Non-Disclosure

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        A. Following Client's participation in this program, Client will have gained access to various trade secrets and 

        personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset

        guidance, written templates, modules, technical information, business advice, and/or other information that may

        have become available for use through Client's participation in Program. Client understands and acknowledges

        that this information is not to be openly shared with others who have not participated in Program.

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        B. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through

        Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content

        outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or

        service being offered for sale, without express written permission of Coach. Client also understands and agrees

        he/she will not disclose or use any information provided to Client as part of her membership and/or ability to

        participate in Program, other than for personal use in her own business and social media accounts without

        permission from Coach.

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3. Testimonials

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        A. Client confirms that anything posted to social media, a private community within Program, or within direct

        messages to Coach that resembles a "win" or positive testimonial about Program may be used and shared with

        Coach. Coach will always ask Client before using it, but Client understands and agrees that by sharing wins within

        Program messaging boards (if applicable) or publicly with Coach, Client grants Coach a perpetual license to use

        the testimonial, as well as Client's name (with permission) in connection with promotions for Program as Coach

        sees fit.

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        B. If Client elects to provide Coach with a formal testimonial, Client understands the material, alone with a photo

        of Client, will likely be published on Coach's website, social media, or otherwise. Should Client agree to provide a

        testimonial, Client will agree to review and sign an additional Release if asked, confirming same, and confirming

        Coach's rights to use Client's testimonial. No payment or additional services will be provided in return for

        Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to

        use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.

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4. Payment and Payment Plan

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        A. Client understands the cost of Program, if paid in full, is a one-time payment of seven hundred ninety-seven

        U.S. Dollars ($797), and must be paid in full prior to receiving access to Program. Client agrees to render payment

        via credit card on Coach's sales and checkout page for Program.

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        B. Client may also elect to finance the cost of Program and utilize Coach's payment plans of two (2) payments of

        three hundred ninety-eight U.S. dollars and fifty cents (2 x $398.50), or three (3) payments of two hundred sixty-

        five dollars (3 x $265.00). The initial down payment must be made in order to obtain access to Program, with the

        second and third (if applicable) payments automatically deducted utilizing the same payment method Client

        initially made, on the same day of the following month(s). By purchasing via this financing method, Client

        expressly agrees and gives Coach permission to charge his/her payment method for the second and third

        payments, and authorizes this automatic payment to be deducted one and two months after initial purchase

        is made.

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        C. Should Client fail to make the second and third payments, or his/her payment method fail otherwise, Coach

        reserves the right to remove Client's access to Program, and charge Client a late fee until such payment is made

        current.

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        D. Coach reserves the right to cancel or cease working with Client should he/she fail to make additional payments

        in accordance with the payment plan as agreed upon at the beginning of the Program. Should this occur, Client

        understands she is not entitled to a refund of funds already issued to Coach in exchange for work completed thus

        far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made

        available to Client during the Program up until payments were missed. If Client and Coach have not agreed upon

        a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the

        manner(s) designated on Coach's sales page.

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5. Refund Policy

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        A. Due to the subjective nature of the Program provided by Coach, and Coach's inability to control Client's

        availability, motivation, external forces, financial situation, or level of engagement in Program, Coach is not able to

        offer refunds once Client has purchased the program. Please conduct any and all necessary research to

        determine if Program is right for you prior to purchasing. Once the purchase is made, Client will not be eligible to

        receive a refund.

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6. Term; Termination

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        A. Following agreement to these Terms of Use and purchase of Program, Client is to have access to Program for

        one (1) year or as long as it is offered and technologically supported by Coach, whichever is shorter. These terms

        shall be in full force and effect for as long as Program is offered, and/or as long as Client continues to use and

        access Program, whichever is longer.

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        B. Coach may elect to terminate Client's ability to access Program in the event of a breach of these Terms, failure

        to make required payments in accordance with an agreed upon payment plan, suspected illegal activity, including

        but not limited to infringement or any other form of distribution or copying of any portion of Program.

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7. Voluntary Participation

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        A. Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible

        for any outcomes or results. While Coach believes in its services and that Program is able to help many people,

        Client acknowledges and agrees that Coach is not responsible nor liable to Client should Client sustain any 

        injuries, incur harm, or encounter any negative ramifications. Client agrees that he/he is fully responsible for

        his/her health and well-being, including participation in Program and any results therein.

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8. Disclaimer

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        A. Coach cannot guarantee results of Program and cannot make any representations or guarantees regarding

        individual results. Client will hold Coach and Program harmless if he or she does not experience the desired

        results.

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        B. Earnings disclaimer: Coach also does not make ang guarantees or assurances regarding a particular financial

        outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in

        finances based upon information within Program. Any information or testimonials regarding past or current clients'

        participation in programs, or working with Coach contained on Website or in sales material that contain financial

        information are individual, and results may vary.

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        C. Client understands that all services provided by Coach in connection with the Program being purchased are p

        provided on an "as is" basis, meaning it is without any guarantees, representations, or warranties, including but not

        limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or

        expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a

        purely voluntary basis and does not hold coach or Program responsible should Client become dissatisfied with

        any portion of the Program.

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        D. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should

        he/she not achieve the results desired following completion of the program, as long as coach delivers the       

        Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and

        Client.

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        E. Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, or otherwise. In addition

        to being a Coach, Coach holds a professional license for Mental Health Counseling in the State of New York,

        however Client understands Coach will not be serving in this capacity and will not be conducting psychotherapy.

        Client agrees to hold coach harmless should any physical, emotional, or financial injury occur as a direct or

        indirect result of the Program. The content provided by Coach on his/her website and within the Program is

        comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in

        his/her personally business or life. Client understands Coach cannot guarantee results from this Program, and has

        no expectation of a specific result that he or she holds Coach responsible for.

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9. Intellectual Property

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        A. Client agrees and understands that Coach has created numerous original, creative works in connection with the

        Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or

        derivative content associated with or included in the Program, whether created prior to working with Client or

        specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems,

        processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach.

        Client agrees she may be granted a limited right to use selected materials in the course of his or her own

        business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall

        constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use

        the information, other than that which is expressly provided throughout the course of the Program.

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        B. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling,

        manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or

        obtained through working with Coach, without Coach's express written consent. If such behavior is discovered or

        suspected, Coach reserves the right to immediately end Client's participation in the Program without refund, as

        well as access to any program or materials Client may have purchased, without refund, and reserve the right to

        prosecute any actionable infringement or misuse to the full extent of the law.

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        C. Licensee Rights: Coach's Limited License to Client: Client understands that in purchasing the Program, she/he

        is gaining access to view all content and information available as part of the Program, as well as any additional

        information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will

        have been granted a limited, revocable, non-transferrable license to read and use the information provided for

        use in his/her business and life, as instructed or allowed by Coach. As a "Licensee," Client understands and agrees

        that Client will not:

        i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without

        written permission by Coach;

        ii. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained

        via other members in the group Program without written permission by Coach, and understand that any such use

        may constitute infringement, which may give rise to a cause of action against Client.

        iii. Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own,   

        meaning he/she cannot claim any content created by Coach was Client's work, and use in his/her business as

        his/her own.

        iv. Share purchased materials, information, content with others who have not purchased them.

        v. Client further acknowledges and understands that any such actions including but not limited to those outlined

        above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United

        States Federal laws.

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10. Indemnification

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        A. Client agrees at all times to defend, fully indemnify and hold coach and any affiliates, agents, team members or

        other party associated with Coach harmless from any cause of action, injury, illness, misunderstanding, damages,

        losses, costs, expenses incurred as a result of Client's use of Program, as well as any third-party claims of any kind

        (including attorney's fees) arising from his/her actions as a direct or indirect result of Client's participation in

        Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an

        action where we decide Client's participation or assistance would benefit Coach's defense, Client agrees to

        participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free

        of charge.

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11. Dispute Resolution

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        A. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith

        negotiations and discussions. (Client agrees that failure to see results is not a basis for a "dispute" and agrees he or

        she does not hold Coach responsible for any specific results, or those results which have been achieved by other

        clients of Coach.)

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        B. If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for

        Arbitration by the American Arbitration Association, to be completed in Syracuse, New York within a reasonable

        amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that

        will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or

        information. The decision made by the arbitrator is to be final and binding on both parties and is not to be

        appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or

        decree.

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11. Applicable Law

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        A. This Agreement shall be governed by and under control of the laws of New York regardless of conflict of law

        principles, and regardless of location of Client. Client understands this and agrees that the laws of New York are to

        be applicable here.

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13. Applicable Law

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        A. This Agreement may be altered, amended, changed, extended, or otherwise updated based upon the changes

        in relevant laws, the course or program being purchased, or due to Coach's choosing. Your continued use of the

        product or service will constitute agreement to this document in its most updated form.

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PROGRAM OUTLINE ADDENDUM

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Client understands, acknowledges, and agrees he/she is purchasing "Thrive as a career-Minded Mom: Self Study Program" by Coach. Once the Program is purchased and these Terms have been agreed upon, Client is to have full access to the complete Program for one (1) year to be completed at his or her own pace. As outlined on the sales page, PROGRAM includes the following:

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* Modules: Upon purchase, Client will have full access to the entire Program. Although designed to complete in order, weekly, Client may go at his or her own pace, and work through the modules as he or she sees fit. These Modules are intended to release proprietary information created by Coach for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in Program.

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Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Coach is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.

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By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Coach and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.​​​​​​​​​

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